Legal Question in Family Law in Florida

Re: guardianship-can a minor petition the court

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.

I do not believe that the court would entertain a petition from a 15 year old child. The person who is willing to act as guardian can file a petition setting forth each of the allegations the child has made. It would be necessary to prove the allegations in court with viable and credible evidence.

Once the guardian has been removed (if the court agrees), the proposed guardian can then petition to be the guardian of the child. This is a convoluted process which is designed to protect the child. It is very probable that the court would assign an attorney ad litem to represent the child and appoint a committe to make a recommendation to the court.

I would strongly suggest that you meet with an attorney to discuss the specifics of this matter further.

Scott R. Jay, Esq.

Re: guardianship-can a minor petition the court

No, the proposed guardian can.