Legal Question in Family Law in Florida

family child custody

a little over two months ago my sister and her boyfriend went homeless and they asked us to take thier three kids ages 5, 2 and 6 months they have not given us a dime and have moved from house to house he has already lost custody of two children they both finally have jobs and do not know when they will be able to get a place to live this is not the first time they have been homeless after a fight they gave us temp custody and I know that IF they get a place their home will not be the best place for the children the 6 month old came to us with a flat back of the head and the 5 year old is severly behind for children his age when it comes to academics. They have people over all the time even minors to party at their house are not worried about paying their bills thier utilities were off more times then on. They have not even called to see how their children are the 2 year old had a fever of 104 I had to take him to the hosp and say I was his mom because I did not know where they were this was before the temp custody papers. Do you think it would be worth it to go for custody if I have a case? Or should I wait for this to happen again?

Asked on 8/20/07, 2:28 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: family child custody

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.

It certainly sounds like it would be worth it for the safety and welfare of the children. Unfortunately, it will probably cause great discord in your family. There is probably not enough stated to have the court terminate the parental rights of your sister and her boyfriend although they may take the children temporarily. You should meet with a family attorney and review your legal rights and options.

Scott R. Jay, Esq.

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Answered on 8/21/07, 12:01 pm

David Slater David P. Slater, Esq.

Re: family child custody

While you may not have enough for custody, you do for temporary guardianship.

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Answered on 8/20/07, 2:40 pm

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