Legal Question in Family Law in Florida

My sister recently committed suicide leaving behind her 8 year old daughter. My niece has lived through years of watching her mother struggle with drug addiction and moved around from place to place. There is a biological father who rarely saw her or payed child support and has problems with alcohol and drug abuse as well. I filed for custody of my niece but the father will fight me if I take him to court and I'm scared that if I lose, he will not let me see her again. Do I have any ground to stand on at all? I have a stable 2 parent family and I want to give her a normal life, but it seems that the law says I have to let her dad have her so she has to go through this all over again. Please help me.


Asked on 11/01/11, 9:21 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Find an experienced attorney to process your custody claim. Good luck.

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Answered on 11/01/11, 9:27 am
Lucreita Becude Lucreita D. Becude, P.A.

You need evidence of his addiction to alcohol and drug abuse. If this is just hearsay then you have no chance. However, on the other hand - if your sister never married the bio dad, then there is standing for you to have custody of her. I suggest you follow Mr. Slater's advice, and get an experienced attorney to handle this for you.

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Answered on 11/01/11, 10:05 am


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