Strange Gaurdianship situation! Need help!

[melonybowden]

Jurisdiction

Florida

My name is Melony. I am married to Kevin. Kevin and his exwife Carrie had two children. When they were divorced,her rights were terminated and I legally adopted those children. They are now, Courtney 18 and Chase 16. Carrie had another child a boy named Waylon and is now 6 years old. Since the child was born, day one, he has been living with Carrie's Mother Sandy and Step Father Ken.Waylon has never lived with Carrie. Carrie has NEVER had a job. She also has NEVER had a home of her own and has done nothing but stay with other people for short periods of time, house hopping. Drinking and drugs were involved. Carrie signed a POA to her Mother Sandy for care of Waylon. Sandy is in dire medical distress and most likely will not make it much longer. She has asked that I take Waylon and raise him as I have with her other two Grandchildren. He is currently at my home.

What leg do I have to stand on to be able to take care of this child? It is my children's half brother. What do i need to do? What if the Carrie does fights this? Does the Grandparents have any rights since they have raised him since day one? Please help!!!!!

 

[army judge]

If you believe the child is endangered because his caretaker is declining in health, contact child services.

Legally you have zero legal grounds upon which to become the child's guardian. However, if you tell child services you wish to volunteer as an emergency caregiver, that could morph into some form of legal custody.

It's not about who becomes the child's guardian.

It's about seeing the child has an honest, loving caregiver in a wonderful home.

 

[melonybowden]

Yes, I completely agree. But as my children's brother, what are my options?
He is currently in my care. Is there a way I can file for temp emergency custody as a family member? Or some other option?

If you believe the child is endangered because his caretaker is declining in health, contact child services.

Legally you have zero legal grounds upon which to become the child's guardian. However, if you tell child services you wish to volunteer as an emergency caregiver, that could morph into some form of legal custody.

It's not about who becomes the child's guardian.

It's about seeing the child has an honest, loving caregiver in a wonderful home.

 

[army judge]

Yes, I completely agree. But as my children's brother, what are my options?
He is currently in my care. Is there a way I can file for temp emergency custody as a family member? Or some other option?

You can discuss your concerns with the police or child services.

You can also meet with a lawyer.

Children aren't chattel to be traded, bartered, or owned.

 

[adjusterjack]

But as my children's brother, what are my options? He is currently in my care. Is there a way I can file for temp emergency custody as a family member? Or some other option?

Carrie has every right to come to your home and pick up her son and there won't be a thing you can do about it.

Consult a family law attorney as to your options, if any.

 

[cbg]

The fact that he is your children's half-brother gives you absolutely no rights whatsoever.

This does not mean that you have no shot at caring for him, but you need to stop going down the rabbit hole that you have some kind of legal right at guardianship because he is related to your children. You do not. Focus on the other options suggested instead.

 

[zddoodah]

What leg do I have to stand on to be able to take care of this child?

I don't really understand the question. He's living with you, so I would hope you'd take care of him. If you're asking if you have any legal rights regarding this child (whether because your husband is the father and you're the adoptive mother of the child's half-siblings or otherwise), the answer is no.

What do i need to do?

Again, I'm not sure I really understand the question.

What if the Carrie does fights this?

If the child's mother demands that you return the child to her, you would have no legal basis to deny it.

Does the Grandparents have any rights since they have raised him since day one?

No.

The subject header of your post refers to a "guardianship situation," but nothing in your post suggests that a guardianship exists or is in the works. You certainly could apply for one, and the fact that your husband is the father of, and you have adopted, this child's half-siblings probably would be considered favorably if you did so. If you're so inclined, you should retain the services of a local attorney.

 

[leslie82]

My name is Melony. I am married to Kevin. Kevin and his exwife Carrie had two children. When they were divorced,her rights were terminated and I legally adopted those children. They are now, Courtney 18 and Chase 16. Carrie had another child a boy named Waylon and is now 6 years old. Since the child was born, day one, he has been living with Carrie's Mother Sandy and Step Father Ken.Waylon has never lived with Carrie. Carrie has NEVER had a job. She also has NEVER had a home of her own and has done nothing but stay with other people for short periods of time, house hopping. Drinking and drugs were involved. Carrie signed a POA to her Mother Sandy for care of Waylon. Sandy is in dire medical distress and most likely will not make it much longer. She has asked that I take Waylon and raise him as I have with her other two Grandchildren. He is currently at my home.

What leg do I have to stand on to be able to take care of this child? It is my children's half brother. What do i need to do? What if the Carrie does fights this? Does the Grandparents have any rights since they have raised him since day one? Please help!!!!!

If you adopted your husband's children then that child of his ex wife is legally not their brother. Legally he is a stranger as your husband's children are legally your children.

You need a lawyer.

 

[ElleMD]

I'm not certain why any one would ask their ex-spouse to raise their child by someone else. Where is this kid's father? Legally speaking this isn't your children's sibling at all, just an unrelated kid with whom they might share DNA. That your spouse used to be married to the child's mother does not confer any legal claim to the boy.