Taking Care of My Nephew After Both Parents Died

**mudechevy** · 03-28-2009, 05:21 AM

My question involves guardianship in the State of: Florida

The mother (my husband's sister)died in October. The dad will die from terminal cancer within the next 2 weeks. He is not of sound mind to sign papers. What is the best way to gain custody/ guardianship of this child. No one will fight against us to take care of him. He is a blood relative (nephew) to my husband.
He resides in a different county and has no assets that I know of. Do we contact his county or ours? What is the quickest way to get him transferred here so he can attend school? He's 8 years old.
Will there be a ton of red tape, court costs, etc??

**LawResearcherMissy** · 03-29-2009, 07:20 AM

What is the best way to gain custody/ guardianship of this child.

You hire an attorney immediately and begin the process of petitioning the court for legal guardianship.

There will be a pile of paperwork and the attorney won't be cheap, but you don't have time to try to do it yourself.

Who is caring for the child now?

**mudechevy** · 03-29-2009, 08:36 AM

He is with a friend of their family and with this 1/2 sisters. Gosh! You wouldn't think it would be such a process to try to keep a child out of the foster care system.

I just spoke with the local helpline. I got the number for DCF Legal Services and also Legal Aid. I'll start calling tomorrow when they are open.

**LawResearcherMissy** · 03-29-2009, 08:59 AM

You wouldn't think it would be such a process to try to keep a child out of the foster care system.

If a parent has the forethought to designate legal guardians prior to falling ill/catching the dead, it isn't.

If the parents have not thought about this - and a great many do not, because it is human nature to believe that you will live to see your children through to adulthood - then it becomes one.

Once you have gained custody, please do the little tyke the favor of designating legal guardians in the event something should happen to you. Good luck to you.

**mudechevy** · 03-31-2009, 07:00 PM

Just in case anyone is in the same boat, this may help. I am able to get educational guardianship to get him in school by going to my county's pupil assignment office with a death certificate from mom, a note from Hospice from dad & a birth certificate for him. He can transfer schools with this as soon as it is done and the records are sent over from the old school.
It's a start.