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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I am the Aunt of a 4 year old special needs child. Mother is

Customer Question

I am the Aunt of a 4 year old special needs child. Mother is drug abuser father is 2xconvict. Both have charges of charges against handicap or seniors..I have had child for 2 years with no support from either parent. Mother has committed fraud against medicare and food stamps, father just release. I got cpi.involved, told they can have child anytime they want. I am a licensed childcare with Florida. Because of the extreme behaviors of child I fear for her well being, stability and emotional support needed. Have not received any financial support from either of them. It it possible to go for custody?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
To answer directly, you can indeed file for guardianship, which if granted will grant you custody of the children. Since guardianship is based on what the courts see as being in the 'best interest of the child', focusing on the unfitness of both parents (specifically neglect, outstanding criminality and charges, drug use, and lack of stability) would go a long way toward proving that you are a good candidate for custody under the circumstances. Furthermore, getting CPS involves will also be most helpful as they can testify and further give their recommendations.
Sincerely,
Dimitry, Esq.

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