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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have been given a 6 year old child. s mother has signed a

Customer Question

I have been given a 6 year old child. His mother has signed a paper giving me complete custody, all parental rights, etc. Notarized and witnessed. She is on drugs (junkie) and has not talked to this child since September. She doesnt care. This is the 5th cold she has signed over. How do I go about filing for legal custody and eventually adoption?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAttorney replied 1 year ago.

Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues, employment and contract law. I also have written hundreds of legal articles. I look forward to helping you today.

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Customer: replied 1 year ago.
Expert:  FamilyAttorney replied 1 year ago.


In Florida, to get temporary custody, you must be an adult or emancipated minor. You must also be an extended family member or a step-parent of the child. An extended family member is someone who is related to the child by blood or marriage. An extended family member includes only niece or nephew, brother or sister,

uncle or aunt, first cousin, great uncle or great aunt, grandparent, great grandparent, or great great grandparent.

In Florida, to start with, you'd need to become a guardian for the child. A person is qualified to serve as a guardian in Florida if he or she:

Is over the age of 18 years of age;

and Is a Florida resident

I'm assuming you're a Florida resident? If not, there are still other ways but please let me know.

A person seeking guardianship can file three documents: a Petition to Determine Incapacity, which establishes that the ward needs a guardian; a Petition for Appointment of Guardian, which asks the court to appoint a guardian; and an Application for Appointment as Guardian, which asks the court to appoint you as the guardian.

Since this is a court petition, you'll want to have a family lawyer help you with this. I can send you a list of family lawyers if you want.

The first step is guardianship and eventually you can go for adoption. Guardianship can be a complicated legal process, and you may find it helpful to consult with an experienced family law attorney in Florida. Just let me know if you need a list of names of lawyers in your area and I'll submit a link to that here.

Expert:  FamilyAttorney replied 1 year ago.

Since Fla is limited with filing for custody with family only, this is the way to start -- getting guardianship. Are you related to the mother in any way?