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Family Law Answers
Family Law Answers, Family Law Attorney
Category: Family Law
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Experience:  more than 16 years experience as an attorney - current family law litigation + mediation practice
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I have been raising my nieces daughter 21/2 yrs in Florida.

Resolved Question:

I have been raising my niece's daughter 21/2 yrs in Florida. Her Mom is in CA and is a fugitive from the state of Florida and is on probation in Ca, last known to be homeless. I want to file for custody what do I have to do?
Submitted: 7 years ago.
Category: Family Law
Expert:  Family Law Answers replied 7 years ago.

Hi and thanks for your question.


You should file a petition for legal guardianship over the child based upon mom's unfitness and inability to care for the child. Guardianship order would be essentially equivalent of custody order and would supersede previous custody orders. You will need to file this petition in the county and state of your niece's daughter's residence (which sounds like it is with you now?).


You should be able to obtain the guardianship forms you need to get started from your local county courthouse.


I hope that this answers your question; if so, please click the green Accept button. Thanks very much and I wish you the best here.



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Customer: replied 7 years ago.
Thank you. XXXXX do have he right to file for legal guardianship here in the state of Florida since the child has been residing with me. Her mother said she spoke to an attorney and that I would have to fight for custody in the CA because that is where the mother has been for a while. Is this true? Will the court charge me to file for a petition and if so about how much? I am ready to fight for this child but I want to be sure I am doing it the right way.

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