Legal Question in Family Law in Florida

Is it possible to evict a rebellious, disrespectful and uncontrollable 17 years who is a family member living in your house? Both her parents are deceased. I am not her legal guardian she is my niece. I been taking care of her, but now every one in my home feels unsafe, What is the legal way to put her out of my home?


Asked on 12/12/12, 1:57 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Well, who is her legal guardian? Did the parents designate a guardian in a will? Did the court appoint a guardian? If so, ask that person to remove her. Yes, you can legally put her out by filing an ejectment lawsuit or a writ of detainer lawsuit, but I'm worried that you could be charged with child abuse or neglect if she has nowhere to go. If you've been acting as her guardian, even though you legally are not her guardian, the law may still consider her to be your responsibility. Putting her out could even jeopardize your relationship with your biological children if DCF considers the act of putting her out to be abuse, neglect, or abandonment.

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Answered on 12/12/12, 2:16 pm
John Smitten Carey and Leisure

She is a minor in your care whether officially or not so you are responsible for her. You have to legally evict her or call DCF maybe they will take her. Contact my office for free consultation 727-446-7659

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Answered on 12/12/12, 4:48 pm


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