Legal Question in Family Law in Florida

My nephew is a 19 yr old autistic boy. My sister and nephew, our mother and father all live together in Florida. My sister has been divorced from her ex for over 11 yrs. She has had sole custody of her son the entire time of the separation. My sister unfortunately pass away this past May. As a way to help my nephew handle the situation, his father thought it would be a good idea for a lil visit during the weeks following my sisters passing. We let his father take him under the guise of a visit, only later to find out that his father is planning on keeping him with him. His father lives in Pa. by the way. Do we have a legal right to my nephew and his well being please let me know. I do not trust his father with him and neither did my sister. His father can be violent at times and doesn't handle my nephews autistic outbursts well. Also he hasn't been a hands on father the entire time of the divorce. It seems in retrospect that he only became interested in my nephew again when he found out about the inheritance, to which I don't trust him with that money as he will only look out for his best interest and not my nephews, as he has blown monies left to my nephew when his own father past away the were left to my nephew. Please any help or direction you can give will be helpful. This is a very tough for us all, and this is just getting real tough to handle. Thank you in advance- John


Asked on 8/27/18, 8:31 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If your nephew is competent, he gets to decide where he lives. If he is not competent, then his guardian makes that decision. If there is no guardian, then you should begin proceedings to get a guardian appointed.

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Answered on 8/27/18, 8:55 am


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