Legal Question in Family Law in Florida

From previous question Custody

I recd this respond for my previous question: If your oldest son is over 18, your oldest son will have to adopt. Otherwise, you can simply provide power of attorney for school and medical purposes to your oldest son (again assuming he is over 18) or set up a guardianship. This latter solution doesn't provide ''custody,'' but sets up something like a revocable, legal ''babysitting'' arrangement.

So, do I need a lawyer to request guardianship? What is the procedure for both for guardianship or power attorney? How long it takes? My oldest is almost 24 and he is in the Navy, it will be sufficient the guardianship for my son to have him with him?


Asked on 1/26/09, 12:18 pm

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Re: From previous question Custody

IF guardianship or adoption is the course of action you choose, you will need to hire an attorney. The best thing for you to do is sit down with and attorney and your oldest son to discuss the best options for your family.

If you allow your oldest son to adopt you will have to relinquish your parental rights, while a guardianship procedure will allow you to retain certain rights and the ability to step back in later if you want to. Either way, the court must be involved.

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Answered on 1/26/09, 3:11 pm


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