Legal Question in Family Law in Florida
Guardianship of minor child
My fiance & i are living together as a family & raising his 2 children. their biological mom is not in the picture. we would like to have me declared legal guardian to help avoid complications in the event of his death. also for the purpose of allowing me freedom to "take care" of them as far as making decisions for schools & medical reasons.
thank you in advance for your help. if this is possible, can we petition the courts without a lawyer??
2 Answers from Attorneys
Health and Medical Power of Attorney
You only mentioned that "bio" mom is 'not in the picture'--will she consent to execute a POA which would enable you to provide medical attention for the children in her absence? Father can do that, as well, if Mom unavailable.Should you be talking of 'Mom' relinquishing her parental right to said children, I would never advise that you attempt to handle this legal process w/o the assistance of trained, legal counsel--the law demands certain procedures which often escape the untrained.
Fla. Guardianship of minor
Fla. law requires you to have an atty. in guardianship proceedings. Durable Pwr. of Atty. will work on intrim basis. Adoption will terminate bio. Mom's rights; otherwise she can always make a claim if circumstances change. Guardianship gives you standing to contest her claims. Marriage would greatly improve you chances!
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