Legal Question in Family Law in Florida

My question involves a Family Legal Issue. My grandparents have been taking care of my 3 year old sister on and off since she was born and have raised my 8 year old brother. Both schools they are in are aware of this and constantly tell them to get guardianship or custody of some kind, but because my mother and stepfather want to receive HUD housing, Florida Medicaid/Food Stamps and other types of assistance they refuse to give them any kind of paperwork for keeping them. They don't supply food for the children and they go to the dr through Medicaid but whenever my mom feels like getting out of bed to go with them. Both kids are abused by the parents, I know for a fact because I have seen it and heard it. So have countless others. My mother constantly curses both kids and tells them they are pieces of shi* and my stepfather beats my brother along with tells my sister she doesn't have to wear pants or underwear and calls her "sexy @$$, sexy babe, etc.". My mom signed legal guardianship of me over at 5 years old, signed my brother who is a year and a half younger over a year or so later, then gave up all her rights to two more children. My question is what can we do to get the custody or guardianship signed over without dealing with the parents, even going to court.


Asked on 3/27/16, 6:39 pm

3 Answers from Attorneys

John Smitten Carey and Leisure

You have to get a court order there is no other way.

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Answered on 3/28/16, 1:27 am
David Slater David P. Slater, Esq.

You must petition the court for primary custody.

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Answered on 3/28/16, 6:02 am
Lucreita Becude Lucreita D. Becude, P.A.

Since your grandparents have been raising the children they can go to court and petition for primary custody and request the court to terminate the rights of the parents. Get a lawyer and get this done. Don't let these children suffer any further.

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Answered on 3/28/16, 10:27 am


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