Conway, SC asked in Family Law for Florida

Q: How can I get my nephews legally?

My sister in law has just passed away leaving 3 boys 17, 16, 14. Their father has left them home for the past 2 weeks by themselves. The house is terrible. Their utilities will be shut off shortly. The father states that they are big boys and they will be fine. I know for a fact neglect can be proven. My question is how can I get my nephews and bring them to our house in South Carolina legally. They would like for us to pick them up. I do not want them to go to foster care because I feel that will happen if my husband and I do not get them. We do not have the money to hire a lawyer. We didnt know if there was something we could do ourselves?

Related Topics:
2 Lawyer Answers
Robert Jason De Groot
Robert Jason De Groot
Answered
  • Deltona, FL
  • Licensed in Florida

A: In Florida you can file a petition for temporary custody by extended family. You will have to prove that the father is unfit, and you really cannot do this correctly without an attorney. If the Father consents to this, you would not have to prove that he is unfit. It can be quick and easy if you can convince the father that the children will be in a much more stable environment with you.

John Arthur Smitten
John Arthur Smitten
Answered
  • Clearwater, FL
  • Licensed in Florida

A: You have to file a petition for relative custody.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.