Legal Question in Family Law in Florida
My sister has a 14 year son. He is currently living with her. The living conditions are horrible. There are roaches every where. She is on disability. Has no car. She sleeps all day and is gone most of the night doing god knows what. When she is there and awke she just smokes cigerettes. His father had a stroke a few years back and has to have assistance living, so he lives with his parents. The father never really took much time for the kid anyway. My newphews parents are divorced. With that said, my nephew wants to come and live with me. I really dont have the money to get a lawyer and do this leagally however, I want to get this kid out of the environment he is in without calling the law. Can he just pack up and move in with me. Can I just enroll him in school in my ditrict and take care of this child? This is what he wants to do.
2 Answers from Attorneys
No. You must first be appointed guardian by a judge.
If his mother will agree to give you temporary custody of the child, you have two options and I will let you know the one with legal uphold: 1) you can file a petition for temporary custody with court and get mother to sign consent to giving you temporary custody as she is unable at this time to properly and adequately care for the child. You would also need to obtain consent from his father. Once a final judgment of temporary custody is entered then you would be able to do all those things on behalf of your nephew. 2) the cheapest route but of lesser legal uphold is to just simply have both parents sign an affidavit which would give you power of attorney to act on their behalf with regard to your nephew. The language would indicate that you are allowed to do x,y, and z for the child. I wish you the best of luck. Feel free to contact me directly if you have further questions.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
