Temporary Guardianship Form Florida

If you can afford it I suggest hiring a family law attorney. If not, you need to do some research on how to write a guardianship document. You want to include control over health, the ability to obtain health insurance, monthly payment from bio parent to guardian if any.The library has good books on how to do this and how to bring it to court. I would trust this method over an online source.

Don't panic. This sounds to me like a simple miscommunication.What your parents are describing is leaving you as guardian of your siblings in their Will. Your guardianship kicks in only if both of your parents are deceased— and probably only of your siblings that are still minors at the time of your parents ‘ death.So clearly something fairly traumatic and catastrophic would have to happen for both of your parents to die before your youngest sibling is 18.I make these kind of wills fairly often, and it's not uncommon. And you never ever make just one Guardian.So I'm going to speculate that your parents’ Will says something like: “in the event that Guardian A is unwilling or unable to fulfill his role as guardian of the minor children, then we appoint Guardian B.. “ - - then Guardian C, and so forth.Notice the “unwilling” part. You can bow out of the responsibility and hand the reigns over to the Guardian who is next in line.I'm also going to speculate that your parents don't actually expect you to raise your five siblings at your young age. Guardians and Trustees appointed in a Will/ Trust make things a lot easier than having the estate go through intestate probate.You may merely have been appointed as a sort of place card holder. As in : we know he won't raise the kids himself, but he'll be in a good position to decide who should - - and it’s better than having our money drained through court procedures.Hope that makes you feel better!

Hire an attorney. You will need one. I can’t stress enough this fact. You will not be credible to the judge if you don’t have an attorney. Expect to pay several thousand dollars up front before you ever go to court.My daughter got arrested and was in jail for a few hours. My husband went to the court clerk’s office window and said “I’d like to file this paperwork to request guardianship of my two grand kids, their mom is in jail and the fathers are not in their lives”. The clerk took the paperwork back to the judge and the judge came out, told us he would sign the temporary order but we had to hire an attorney. That we’d be thrown out of court without one. He said “get an attorney” probably 4 times while he was talking to us.My husband had researched guardianship in our state and found some templates for guardianship. He’d written his own document. It worked for the moment but the judge could have looked at it, seen grandparents without representation, and said no.When my daughter got out of jail, bonded out, later that day she came to get her kids. We showed her the signed guardianship papers and the crap hit the fan.I will say here, the ONLY way we were able to take this to court was because she was ABSENT. Legally absent. Meaning she was in jail, couldn’t just walk out and come get her kids. She was an absent parent.Absent parent does NOT mean they just don’t show up, it means they CAN’T show up, as in IN JAIL/PRISON, OUT OF THE COUNTRY, not able to be present. Not a choice to not be there, they can’t be there.You can’t just take someone’s kids from them. There has to be legal action against them, such as they’re in jail pending charges or a court action, or the state has taken the kids and asked you if you’d like to kinship foster them, or they’re in a hospital or something.Guardianship is temporary. If the parents are not doing anything illegal then you have no rights to take them away. LEGAL charges.You can’t take someone else’s kids away from them because you don’t like what they feed their kids, what time they put them to bed, what they let them wear to school, if they leave them here and there while they go party with their friends, if you think they’re doing drugs, you can’t just go say “hey, my son/daughter is doing drugs and I want guardianship of my grand kids”. You have to have legal proof.It all rests on you to prove it too.Best thing you can do is call the state hotline for abuse and neglect and tell them what you know. They will come in and do an investigation. If they feel the kids are at risk or in danger they’ll remove them, if you are prepared for the kids they might ask you to foster them. BUT the state will be their legal guardians and they can come in and move them elsewhere any time they fell like it.The best thing for your grand kids is to foster a relationship with their parent where the parent feels safe leaving the kids with you over an extended time period. I’d have my grand kids 90% of the time. They had their own bedrooms in my house. I had shelves of kid movies and toys and closets full of clothes for them. They weren’t overtly “their” rooms because that’s threatening to the parent. But they had toys, clothing, and more at my house that stayed primarily at my house. We also had car seats in our vehicle that stayed in our vehicle. So if we needed to give them a ride we didn’t have to take the ones out of mom’s car.Getting your grand kids away from their parents isn’t easy. Just because you have different opinions on what they should or shouldn’t do doesn’t mean the kids will ever come to live with you. So find ways to get the kids to come spend time at your home, you can show them love and caring in your own way, you can be a great influence to them.But you won’t ever win if there isn’t legal cause to take those kids. If the parents are there and not in any legal trouble at all then it’s unlikely you will have just cause to file paperwork for guardianship and if that legal cause goes away the kids go back home. All the parent has to do is walk in the courthouse and say “I’d like to terminate the guardianship order, I have no legal actions against me pending and I want my children home”. The court cannot just take kids away from parents without any legal reason. The parent can always go to the court and ask for it to be revoked. If they are not in legal trouble and are working and have a home of some sort the court can’t take their kids away and keep them away.

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