I have temp guardianship of a friends son(17). I was able to get guardianship because I home school my son and her son needed help with school so I offered to help & have him move in with us. I have to admit, I was using this as an excuse to get him out of that house.There were 7 people, 6 of them adults living in a one bedroom apartment. They use and sell drugs from the home. I was trying to keep the family from jail time but the mother is pressuring him to come back. He says he will run away from home if he has to go back. He wants to live with us and would like for us to legally adopt him. What options do I have? His father supports this. Should he go to DCF, courthouse or his own lawyer to make this happen? Pls, any advice would be appreciated. I love this boy and want him as my own
In order to adopt this child, both parents rights would need to be terminated. Termination of parental rights can be done by the courts based on neglect, abuse or abandonment or the parents can voluntarily sign over their rights in the form of a consent. After that, you could file for adoption of the child. Keep in mind, however, that there are multiple steps to adopting including needing a home study, background checks and other forms. It's best to consult your own attorney about adopting the child. There are some other options other than adoption which could include emancipation since the child is 17 years old. In this case, it's also best to consult your own attorney on how to proceed.
All answers only apply to Florida law. Any opinion is for research and educational purposes only. Always consult an attorney for legal consultation.
You would have to adopt him. In order for that to happen, someone (or DCF) would have to file a petition to have the parents' parental rights terminated. You'll have to speak to a lawyer to help you with that.
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Your best option is to adopt him. In order to do so you will first need to terminate the parental rights of the biological parents. Many attorneys, including myself, would be willing to provide you with a more in depth consultation in order to educate you with the best way to proceed in this matter.
Another option, since you already have temporary guardianship and the Court is overseeing that case filed in Circuit Court, you may well be able to get permanent guardianship of the minor. You have to file accountings each year in the active case, so why not make it permanent? The mother and father consented to you getting a court order conserning the temporary guardianship of the person and property, circumstances have now worsened to the point that it is in the best interest of the child for you to have more than a temporary guardianship. Use the same attorney you used to get the temp guardianship.
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