QUESTION
If my sister is sick with Fibromyalgia, her husband was alcoholic, if something happen to her can I get custody of her kids?
Asked on Feb 28th, 2017 on Child Custody - Florida
More details to this question:
Her husband spends all the money and goes always for the whole weekend with friends. He just recently walked out on them and left all the bills unpaid. My sister is sick with Fibromyalgia and she had 2 back surgeries and doesn't feel well due to all the stress. She cannot work due to medical issues. She applied for SSI but was not approved. The bottom line I am concerned about her and afraid she may not be too long with us. So my question is God forbid something happens to her and she passes away. I know her two oldest are adults now but I want them to go to college and focus on school. I am sure their father may show up for them but I wouldn't want them to go with their father since he is an unfit father and provider. What can I do? Should I start getting paper work ready for if and when something like that happens? Should I have her put something in writing of what her wishes are?
2 ANSWERS
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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If the two oldest have attained the age of 18 years, they can do whatever they want regardless of what their father may say or tell them. As for any children younger than 18 years, their father would have the absolute right to take them with him and make decisions for them. It may be helpful for your sister to prepare a Designation of Pre-Need Guardian, a Will, and other testamentary documents that provide for what she wishes for her children if they are still minors when she passes, but that is not generally going to be upheld against the wishes of the father. If he is truly unfit, it may be preferable for you to approach him regarding taking the kids and see if he will agree. If not, you may need to get the Dept. of Children and Families involved. Consult with an attorney to discuss the specifics of your situation and your options.
Answered on May 19th, 2017 at 8:42 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You have many questions. If the children are minors, you would want to file a petition for temporary custody of minors by extended family. If the father will not consent to that, then you would have to prove by clear and convincing evidence that he is unfit. Of course, the best thing to do is to have a full discussion with a local family lawyer about all of this. That way the lawyer can determine what the real issues are and come up with appropriate solutions.
Answered on May 18th, 2017 at 10:00 AM