Legal Question in Family Law in Florida
guardianship of child
my son, had a girlfriend whom passed away...she had a baby boy before she met him (don't know who the natural father was).they had two children together..separated and the two children live with him and his new family....the boy has been living with us for 4-5 years. he is handicapped..before the mother passed away she left my mother with temp custody of all three children..The boy is 12 years old now..the paternal grandfather wants the child to stay with us..the paternal grandmother lives in another state, and rarely calls or communicates with child..what do we (my mother-(73) and I (52) need to do to adopt or have gardianship? We have never told the child that my son is not the father (he is not mentally able to take it yet)
2 Answers from Attorneys
Re: guardianship of child
petiton the court for guardianship.
Re: guardianship of child
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.
You will need to file a Petition for Guardianship of a Minor. If the natural dad will cooperate, have him join in by signing the Petition. You should retain an attorney to work with you as it is not a simple process. The child might be elgible for social security benefits. I am in the middle of handling a similar matter and it can be quite pleading intensive.
Scott R. Jay, Esq.