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?

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2 Lawyer Answers
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.

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Answered
  • Clearwater, FL
  • Licensed in Florida

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

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