Legal Question in Family Law in Florida

My legal rights of my niece.

After my sister passed away, her 4 yrs old daughter came to live with me and my husband for 4 years. My deceased sister lived in Fl. and I in Tx. The biological father was not interested in raising her. He never came to visit and he called every blue moon, if that often. I never thought to get any legal papers on her because the father was not interested. My niece didn't know her father, he choose to not be a part of her life. My husband was daddy to her. A year ago my health started to decline. I ask my oldest sister, she lives in fl, if she would look after my niece until I could get back on my feet, she agreed. Yesterday my sister told me my niece stepmother picked her up and refused to return her. My sister stated she didn't know were they lived. I know my sister is lying; I think she got tired of raising my niece and gave her away to her father's wife; stepmother. Because my niece lived with me for 4 yrs. do I have rights? Can I get her back from her father? I live in Tx. my sister, my niece and the step- mother lives in Fl. and the father is in the military stationed in Va. My sister told me she had guardianship on my niece, if she signed my niece over to the father, can I get her back? Do I go thru TX or FL courts?


Asked on 6/01/08, 5:29 am

1 Answer from Attorneys

Patricia F. Bushman BUSHMAN LAW OFFICES

Re: My legal rights of my niece.

This is too complicated to address in an email. A lot depends on how long the child has been in Florida and how long it has been since the child lived with you. See if you can find a family law attorney in your area who will sit down with you, get all the details, and give you an honest evaluation of your case. Good luck!

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Answered on 6/02/08, 11:04 am


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