Child Custody

My question involves a child custody case from the State of: Florida
To be brief a friend of mine is terminal, and has custody of 2 girls, he wants to leave the girls with his step son, instead of the mother due to her history. The stepson is 18, going to school, and working. the mom is just now finally getting her life together as it seems, though she does have a history of not doing the right thing, no need to get into specifics. He was told that custody would revert to the mother, though he would rather not have it that way. I thought emancipation would be the answer, but seems that in Florida the minor must be 16, neither of the girls are. What other options can I give to him to work out the situation. Do the courts take into consideration what the girls want, as it pertains to what's good for the children, they are 12 and 14, or are they forced into a possible broken home. I can't do much but research for him, and any advice is welcome.

You can't will your children, so the only thing he can do is make his wishes known that they be raised by his SS. However, custody does, indeed, revert to the BM and SS will have to file a Petition based on his SF's wishes. Chances are slim, however, that he will be granted custody.

Following their Father's death, it will, most likely, be in the best interest of his daughter's to be in their mother's care. They have lost one parent, it will be comforting, no doubt, to have the other parent there; security, if you will, that they are not alone.

Irregardless of Mom's past, it seems, from your post, that she is attempting to put her life in order. We've all made stupid mistakes in the past and will make some in the future; no one is perfect. IMO, based on what you said, she should have her children. As their BP, she should be given custody before a stepbrother.