Legal Question in Family Law in Florida

Getting partial custody of my niece

My sister-in-law is in her final stage of Melanoma cancer. She has a 9 year daughter with her ex-husband and I would like to have partial custody. Would that be possible. He is a fit father but I feel that she needs a woman in her life right now.

If I get custody how do I get the social security money deposited into my account instead of her father's. Father is ok with custody arrangement.


Asked on 9/17/07, 12:01 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Getting partial custody of my niece

The best interests of the child dictates. A court order is necessary.

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Answered on 9/17/07, 7:14 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Getting partial custody of my niece

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.

Unless the father agrees to work something out with you or he is a completely unfit father, you have little or no chance of this ever happening. Florida law is very clear on the fact that the natural parent's rights are paramount to anyone else's in raising his or her own child. Since he is a fit father, there is no reason for the court to give you any custodial rights.

Scott R. Jay, Esq.

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Answered on 9/18/07, 1:33 am


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