Family Law Questions? Ask a Family Lawyer Online.
Good afternoon Sandra,I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.Did the court previously appoint you as legal guardian of your nephew?Doug
They gave me temporary custody.
Good afternoon Sandra, Under the law, only the court may act to grant temporary guardianship to a relative. In order for the grandmother to be able to take over the custody that the court granted to you, she will have to apply to the court for custody, the same way that you did years ago. The law in FL states the following as regards XXXXX XXXXX seeking temporary custody: Florida Statutes > Chapter 751 > 751.02 (1) The following individuals may bring proceedings in the circuit court to determine the temporary or concurrent custody of a minor child: (a) Any extended family member who has the signed, notarized consent of the child's legal parents; or (b) Any extended family member who is caring full time for the child in the role of a substitute parent and with whom the child is presently living. (2) In addition to the requirements of subsection (1), an individual seeking concurrent custody must: (a) Currently have physical custody of the child and have had physical custody of the child for at least 10 days in any 30-day period within the last 12 months; and (b) Not have signed, written documentation from a parent which is sufficient to enable the custodian to do all of the things necessary to care for the child which are available to custodians who have an order issued under s. 751.05.
All you need to do is allow your nephew to reside with his grandmother for 10 days, and then she may petition the court to be appointed his temporary custodian. The mother can help by providing notarized consent for the grandmother to have temporary custody as well. You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction. Please remember to rate my service to you when our communication is completed. I wish you the best in 2013, Doug
Is there anything I can do to let her put him in school for the time being? Until she gets this going?
Good afternoon Sandra.
I'm very sorry, but under the laws of the state of FL, only a natural parent or a person with a court order for guardianship/custody may enroll a child in the public school system.I wish that it was so, but that is the law in FL and there is no way around it.
There is no way to get him enrolled on a temporary basis while the application is made to the court. The court order must first be in place. I wish you the best in 2013. I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so. You may reply back to me using the Reply to Expert link if you have additional questions. Please understand that I have no control over the how the law impacts your particular situation.
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Thank you and I wish you the best in your future. Doug
Thank you for your positive rating of my service, Sandra. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:http://www.justanswer.com/law/expert-lawtalk/Thanks again.DougWhen you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.
No problem. Thank you very much.
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