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custody of child that is not related to me

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Rallyn8664

Guest
What is the name of your state? Florida
Question: Can a 13 child divorce his parents & sue for support?

I'm hoping someone out there can PLEASE at least steer me in the right direction on which way to go here, here is the short version of my problem-yes, I know that it is still quite long :)

I have 13 year old child living in my home who is not a blood relation to me. He is related via a "common law marriage" of 20+ years of his grandmother to my brother. I have know the child his entire life. Common law marriages are not recognized in this state.
This child ended up in our care because his mother was abusing drugs & alcohol, leaving child unsupervised for hours and sometimes days at a time. Mom was getting evicted from her home and was steeling electricity & water. There was no food in the house. The child had spent the night with my son and Mom never checked on him for 11 days. On day 12, I went and found "mom" and got her to sign a power of attorney granting "temporary child care authorization" until she could get on her feet. There is no time period on the P.O.A. Mom was happy to sign and agreed to help pay for the child's support by giving cash each week and groceries.
To date she has given a total $123 in cash, about $180 in food (she receives $256 per mo. in food stamps) and has seen her child 8 times.
We have come to the realization that mom may never be on her feet. I contacted the foster division of Dept. Children & Families to see about a "legal" placement with us and some financial assistance for the child. I was told what steps to take to get the ball rolling. Step one was report the situtation to the abuse hotline and begin steps to become a licensed foster parent. I did this & within 24 hrs. an investigation began. Unfortunately, the results of the investigation were that there is no abuse/neglect/abandonment because mom signed the child over to us. The investigator also conceded that she realizes that this really is a good place for the child BUT also said that even if we could prove neglect, that the child would probably not end up with us, and may even go to Dad who is a pedophile but was not actually convicted due to an error in his trial. There are no relatives on Mom's side that are willing or able to take said child. Child has no desire to be with father (hasn't seen him in over 8 yrs) or fathers family. Child wants to live in our home. I attended the foster parent orientation last night and realized that our family would probably not be approved for a couple reasons (none that would endanger the child). Obviously, we love this child and want to help him. I am totally desperate for any help as we have 3 children of our own, many financial obligations, and my husband is about to retire from the military and does not have a job lined up yet. You get the idea-any advise anyone?
 


VeronicaGia

Senior Member
You definitely need to find an attorney in Florida who is a family law specialist. You cannot go this alone.

Make a list of the important questions and leave space for answers. Call a few lawyers and ask, keep track of the each lawyers' response. Then hire one.

Do it now before mom or dad decide they want the child.
 
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Rallyn8664

Guest
Thanks for the advice Veronica-I strongly agree that I need an attorney. Financially speaking, there couldn't be a worse time. As mentioned earlier, the husband is retiring from the military (a year earlier than planned) and doesn't have a job lined up. Xmas is almost upon us(4 kids to buy for), and we really only have enough money to last us until May if we're careful. I'm sure that my husband or I will find employment but until then we have to look for pro bono, or act on our own. I've written to several local firms that claim to specialize in such matters, briefly outlining our needs and requested advice, representation or referrals. Only one response so far, unfortunately the referral he gave was not one that could help. I found this forum while searching for other possible resources and trying to learn exactly what the rights of this child are.
I'm sure mom or dad won't be trying to get him back any time soon. Dad hasn't seen him in years and Mom does as little as possible for him, very little contact and no support for weeks now.
Any information that might apply to our situation(or even what to look up, questions to ask) regarding a child terminating his parents' rights, would be greatly appreciated. Is a guardian at litem an option here? My concern is that he will be taken from our home, where he is happy and wants to be. Thanks in advance.
 

stealth2

Under the Radar Member
Have you considered asking the parents if they would give up rights and allow you to adopt the kid?
 
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Rallyn8664

Guest
Yes we've considered that option. It's not really what we want to do at this point, but may end up going that route if all else fails.
I was able to obtain a copy of the divorce decree for this couple (1993). I've scanned a copy of it, removed the names and posted it for anyone that is in a position to read and offer advice.
I don't know if dad has paid support in the past, I'm sure he hasn't paid in at least a couple years. I know that he's had no contact with the child since 1997 when he went to court for more than 12 counts of L&L on a minor child, sodomy, etc. to this child's stepsister. Unfortunately, he was not convicted due to a mistake on the state attorneys part and couldn't be re-tried. Mom didn't attempt to change the arrangement at that time either because one, she is also a big loser and crappy parent, and two, was afraid that she would be proved unfit and lose all custody.
Not being a lawyer and never having gone through a divorce myself, I'm not 100% sure I understand the paperwork. It seems quite clear that both were supposed to do certain things regarding the child, and neither did. Proving some of this will be easy but not all. I can see loopholes for both parents including the "temporary child care authorization" that I got mom to sign. At the time, it seemed like the only right choice (morally speaking) to protect the child and be able to look out for his best interests. Now my concern is that I have no way of rescinding it and have already found that because of that piece of paper, there doesn't seem to be any legal recourse against mom.
Ok, can't seem to attach file-it's too big. It's only 3 pages, I will supply it on request if needed. The major points: joint custody, $50 per mo. child support from Dad and 1/2 of childcare costs, liberal visitation for Dad, all important decisions regarding the child shall be decided together, both parties to retain full parental responsibilities. Thanks for any and all advice!
 

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