Legal Question in Family Law in Florida

My niece and nephew were removed from my brother and his wife(their biological parents) care by dcf 4 years ago. They have been in the care of my parents who have permanent guardianship of the children. My parents do not want the children anymore. My husband and I have want to adopt them. What would our next steps be? The biological parents still have parental rights and I know they would fight it. What can we do to make this smooth?


Asked on 12/14/23, 3:25 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

I doubt that your parents have permanent custody. What they have is temporary custody. The parents can always go back to court and request that they be returned if they can meet the guidelines set by the DCF. You can file a Motion to Change Temporary Custody with the courts and infform DCF and see if that will be acceptable. As our parents age they become let capable of handling minor children. You can point that out in your petition for Change of Temporary Custody. Since DCF is involved they need to be at the hearing as well.

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Answered on 1/02/24, 12:00 pm


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