How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Amber E. Your Own Question

Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1424
Experience:  Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
17831645
Type Your Family Law Question Here...
Amber E. is online now
A new question is answered every 9 seconds

Currently my niece and I live together. She has two young

Resolved Question:

Currently my niece and I live together. She has two young toddlers. She is moving out and leave the children with me. While I'd like that because she has not bonded with them and is so self-centered the children would be so much better off with me. Do I have any recourse?
Submitted: 1 year ago.
Category: Family Law
Expert:  Amber E. replied 1 year ago.
I'm sorry, I don't understand the question. Are you looking for information about how to get lawful custody of the children, or information about how to prevent her from leaving them with you?
Customer: replied 1 year ago.

Here is the status: 1) she wants her freedom; 2) do not want to give legal guardianship nor custody; 3) I want her to leave them with me because she clearly does not want the responsibility nor does she spend time with them; and she's always yell and scream at them; 3) she wants to get them 1-day a week and keep half the food stamps; 4) she'll pay their day care; 5) she won't be able to provide monthly living expense support. I am not the grandparent but great-aunt to her children.

Expert:  Amber E. replied 1 year ago.
If a parent does not want to voluntarily transfer custody, then she can be made to do so involuntarily by a court of law. Like most states, Florida family law does allow for a third party relative to file a petition with the court requesting custody. The court's sole concern is what is in the best interest of the children.

Keep in mind, there is a strong presumption in favor of parents. As a result, the court often begins from the point of view that a parent should have her own children. It is the responsibility of the person who is petitioning the court for custody to show that circumstances with the parent would be so detrimental to the children that the parent should not have custody or that the parent does not have the ability to care for the children or provide for their basic necessities; in other words, that the parent is unfit. Short of permanent custody, however, the court may also award temporary custody, depending on the facts, and subject the parent completing certain benchmarks before getting her children back (such as obtaining housing, employment, completing parenting classes, drug testing, and so on).

Contested matters involving minor children are best handled with the assistance of a lawyer. If you cannot afford a lawyer, you can always apply with your local legal aid office, as they provide representation at no cost. If you must handle it on your own, you can still retain a lawyer for limited representation in helping draft the paperwork and providing advice. You can always contact the clerk of the court, because some courts do have self help centers and blank forms that can be used as guides, and another source would the legal forms found in the legal section of the library.


Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1424
Experience: Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
Amber E. and 6 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney