Skip to main content

How can I apply for legal guardianship of my 13 yr old nephew?

Brooksville, FL |

My nephew has been living with me for 2 months and off and on all his life. My sisters boyfriend is abusive and doesnt want my nephew living with them. His father pays her child support which she spends on herself I have gotten no help for anything. I enrolled him in school with a paper saying she gave me temporary guardianship which was from 2 years ago. It wasnt notorized. My nephew doesnt want to live with his dad because my nephew is gay and his father thinks its not acceptable. I jusut want him to have a stable environment and go to one school for a whole year. With my sister last year he missed 32 days a semester.

+ Read More

Attorney answers 3


Yes you can apply for custody under Florida Statute Chapter 751


You can receive temporary custody or temporary guardianship through a court order. Your changes of receiving this without your nephew's parents' cooperation are slim to none. If you want to keep your nephew because it's in his best interest and his parents are allowing that to happen, you can continue that indefinitely. If you want his child support, you can ask your sister for it. If she doesn't give it to you she needs it more than you do.

The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me at 954-567-4100. Also, if you liked this answer did, be sure to click the thumbs-up button


The longer you can keep him(as is)-the greater your chances with the court later.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

Child custody topics

Recommended articles about Child custody

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer