Miami, FL asked in Child Custody and Family Law for Florida

Q: Hello, my question is how would I go about obtaining guardianship over my nephew since his legal guardian passed away?

My nephew is 17 years old and my mother was his legal guardian, she passed away last year. My husband and I have actually been taking care of him since 2018, but we just never had the guardianship transferred to us. Now we are unable to take him to the doctor or anything because we are not his legal guardians. What is the fastest way to obtain guardianship?

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Fastest? Hire an attorney; that's what attorneys are for. If you want to do it yourself, that can be done, but you obviously can make some mistakes.

Michael Ferrin
Michael Ferrin
Answered
  • Divorce Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You would need to retain an attorney and file a petition for guardianship over the child. Its actually a statutory requirement for you to have an attorney when seeking a guardianship.

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