Legal Question in Family Law in Florida

Family Law

The mother of my brother's child does not want anything to do with the child. She told him if he didn't take custody of their unborn child...she would put him up for adoption. He is Special Forces and cannot care for him. I have agreed to care for him until he gets out. What do we need to do to ensure we are covering our basis legally? I am in Mississippi, he is in Washington, she is from Florida. Where do we file the paperwork and what paperwork do we need?


Asked on 10/31/07, 3:33 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Family Law

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your brother may need to be available at the birth of the child to accept custody of the child unless the mother would consent to do so without his presence. He can then voluntarily make you the temporary guardian until he returns. You should consult a Florida attorney regarding all of the technicalities involved in a matter of this nature. Be forewarned, that the mother may feel differently after carrying the child through 9 months of pregnancy and giving birth. She may decide she wants the baby and will not release the child to either of you.

Scott R. Jay, Esq.

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Answered on 11/02/07, 12:16 am


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