Legal Question in Family Law in Florida

Legal custody/guardianship of Niece-per Mother's wishes.

I have been asked by my neice's mother to have full custody of my neice if and when she passes. Which I have accepted. My brother isn't financially stable, doesn't own his own home and living with someone the mother doesn't approve of. (Issues of past drugs and alchol from what I have been told.) What I would like to know is what do we need to do legally so that I can have full custody/ guardianship of my neice. What forms do we need to fill out and what does she need to do to give me power of attorney as well? I live in NJ. The child and mother live in Florida.

Any assistance you can provide will be grateful.

Thank you.


Asked on 10/17/06, 6:32 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Legal custody/guardianship of Niece-per Mother's wishes.

not clear what the answer will be. in new jersey, the mother can give you a power of attorney, and that will give you the power to take custody of the girl and get her into a school in your town.

if you want to raise the girl, you would do it in NJ, right? and why are you talking about the mother dying? is she ill?

anything more will require more info and a little thinking.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 10/17/06, 6:57 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Legal custody/guardianship of Niece-per Mother's wishes.

You are going to need a Florida lawyer to help you with this as that is where jurisdiction is. I suggest reposting on the Florida board.

Good luck!

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Answered on 10/17/06, 7:18 pm
David Slater David P. Slater, Esq.

Re: Legal custody/guardianship of Niece-per Mother's wishes.

1. Where in Florida do they reside?

2. Are the parents divorced? Has the court determined custody.

3. Will the father agree?

You have not provided enought info.

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Answered on 10/17/06, 7:59 pm


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