In Florida, family members have the right to protect minor children in dangerous environments. The law allows family members to step in when children are at risk. The first step in this process is to file a report with child welfare. The family members may also file for temporary or protective custody of the child through a Guardianship Attorney in Naples, FL.
How to Fight for Guardianship
No one likes to point the finger at a family member when they are doing wrong. However, it is critical to protecting the interests of a minor child when they are living in an unsafe environment. Drug and alcohol abuse could lead a biological parent to conduct them unethically. This could present a serious risk to the well-being of the child. What you must understand when fighting this battle is that the law protects the right of biological parents.
Acquiring Temporary Custody
After you are granted temporary custody of the child, he or she lives with you. The biological parent is notified of this ruling. They are also informed of the conditions they must meet in order to regain custody of their child. If the parent abuses drug or alcohol, they must enter a treatment program. The doctor assigned to them files regular reports with the court. If the parent fails to comply with this order prior to the formal hearing, the court could grant you guardianship of the child.
However, you must realize that unless the biological parent’s rights are terminated, they could regain custody. If they enter treatment and stop abusing drugs or alcohol successfully, they could file a motion to order you to return their child. To prevent this action, you’d have to file a motion to terminate their rights and adopt the child legally.
Family members that are acting on the interests of a child should discuss their case with an attorney. This affords them with guidance throughout the process and helps to evaluate all potential options. However, these family members must present the child with a stable and safe environment. To discuss your case with a Guardianship Attorney in Naples, FL, contact Business Name today.
