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As a legal guardian what steps do I need to take to give up custody of my nephew since paternity testing new dad wants custody?

Madison, FL |

My husband and I have custody of his nephew through Child Protective Services. However, a paternity test has been done and the new father is willing to take on the responsibility of taking care of him. Our nephew wants to continue building a relationship with his father by way of living with him. His father also wants him to live with him. We are all in agreement of him living with his father. We just need to know the necessary steps to take in giving custody to his father.

Attorney Answers 1


  1. It sounds like you obtained custody of the child through dependency court. If that is the case, you need to contact the caseworker, the attorney you had, the DCF attorney or the Judge's office and let them know of the circumstances. Alternatively, you can hire an attorney that is experienced in juvenile dependency law to re-open the case to begin the process for change of custody.