We live in Florida, any ideas on the laws. I have been told if we do not appoint someone to care for our child she will go to the state until a custody hearing or something like that. TRUE?
2007-03-03 14:54:34 · 8 answers · asked by ? 1 in Politics & Government ➔ Law & Ethics
no tht is not true, she would go to next of kin, your family or your husbands
2007-03-03 14:58:22 · answer #1 · answered by whateverbabe 6 · 1⤊ 0⤋
That is not entirely true. Typically a close relative such as either your parents or those of your husband or one of eithers sibling would be given temporary custody. Usually within a short time the custodian would then file either for adoption or permanent custody. A family court judge would then decide who would be either adoptive parents or Legal Guardians based on what is in the child's best interests. If there is no family member to accept guardianship the child would be placed with children's services and could eventually be adopted by non family members.
2007-03-03 23:11:41 · answer #2 · answered by Mark W 1 · 0⤊ 0⤋
Not entirely. The best way to handle this to see an attorney and have a Will prepared. However, if your Mom and Dad (the child's Grandparents), for example, agree to her care and custody and no one else contests this action, the Court will not intervene. The standard for making this determination will be "Best Interest of the Child." Bear in mind, of course, that this determination is being made by a Court which has never met any of your family members, in all likelihood.
2007-03-03 22:59:11 · answer #3 · answered by Rob B, of MD 4 · 1⤊ 0⤋
I hope that this is a serious question but if you have someone in mind, now is the time to document those wishes unless you wish for your relatives to duke it out in court after your deaths - heaven forbid that doesn't happen.
You see how Florida's judges are dealing with these delicate matters. They will assign an attorney to your daughter who will make decisions in her best interests. That attorney will be paid from your estate by your representative. Spend the money now on drafting a will.
2007-03-03 23:00:20 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Probably. It makes sense. What would you want to happen if you can't take the time to set something up for her now? Would you want her to go home with the first person to speak kindly to her? She'd be safe with the Child Protective Services and they would make sure to have the hearing on her welfare quickly. Then your remaining family members would have a chance to speak up and be considered. But if it were me (and it was when my children were minors) I would want my wishes carried out, I would ask my relatives first for permission and then set it up in a legal document. What is stopping you?
2007-03-03 23:00:23 · answer #5 · answered by desperatehw 7 · 0⤊ 0⤋
She will follow the same laws as if she is an inheritance. She will go to your closest relative.
2007-03-03 22:57:35 · answer #6 · answered by fade_this_rally 7 · 1⤊ 0⤋
Closest blood relitive. Get a Will.
2007-03-03 22:59:27 · answer #7 · answered by jimbobob 4 · 1⤊ 0⤋
i am sure that if your parents are able then you child would go to them but usually it is the god parents if you appoint them
2007-03-03 23:00:46 · answer #8 · answered by k dog 4 · 0⤊ 0⤋