Legal Question in Family Law in Florida

Hoping I could get some help with my situation at hand, my family and I are in desparate need of advice. My daughter at 46 years old passed suddenly 3 weeks ago leaving two daughters behind 26 and 11. The father of the 11 year old is still married to my daughter but had abandoned them more than 5 years earlier with no contact. He has a criminal backround including jail time and 4 other abandoned children in Florida and Pennsylvania. He was abusive and violent throughout the marriage until he actually did leave them with no contact and tried to remarry other women. The state of florida did bring against him bigomy charges however he was able to get an extension and have an annulment done before he could face serious charges. He explained that he had thought he was divorced. He had signed notarized documents saying he gave up a house in lue of child support and custody of my 11 year old grandaughter. Now that my daughter has passed I have tried to go the correct route in applying for guardianship. After all these years he has now stepped forward saying he wont be granting me guardianship. As recently as the end of january this year he was in jail for fraud. His 4 other children have not heard from him in 10+ years. He is now emailing saying he will be getting guardianship not me. I am desparate now and in need of good advice or help for this situation. The well being of my grandchild is on the line.


Asked on 3/07/11, 8:35 pm

3 Answers from Attorneys

Latangie Williams Law Office of Latangie Williams, P.A.

You have a good chance of being granted guardianship. However, I need more information before I can adequately advise you. Please contact my office at 1-800-408-5818 or email me at [email protected].

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Answered on 3/08/11, 4:02 am
William Gwaltney William W. Gwaltney, Attorneys at Law

First, my condolences on your loss.

The guardianship process can be very difficult to navigate. Based on the limited information in your post, it sounds like someone other than the biological father would be better suited as the guardian of this child. The court is charged with making decisions that are in the best interest of the child.

You should consult an attorney who has experience with guardianship matters to assist you in this process. If the biological father contests you as a guardian you need someone who can argue the law and convince the judge otherwise.

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Answered on 3/08/11, 5:00 am
Lucreita Becude Lucreita D. Becude, P.A.

You will really need to obtain the services of an attorney. When children are involved, there are more avenues and directions that you can go but not without the help and support of a competent attorney.

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Answered on 3/08/11, 7:38 am


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