[rachelghezali3]

Can I get custody of my niece(15) and nephew(17)? My brother has been gone for 5 months now. I have made a few attempts to contact him. He has changed his cell number, moved to another city. We know he is with a girlfriend that does not wish to raise his children. Any information on what to do would be much appreciated. Thank you

[GV70]

The Florida Statutes - The Florida Senate
Title V
JUDICIAL BRANCH Chapter 39
PROCEEDINGS RELATING TO CHILDREN

39.01 Definitions.--When used in this chapter, unless the context otherwise requires:

(1) "Abandoned" means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver responsible for the child's welfare, while being able, makes no provision for the child's support and makes no effort to communicate with the child, which situation is sufficient to evince a willful rejection of parental obligations. If the efforts of the parent or legal custodian, or caregiver primarily responsible for the child's welfare, to support and communicate with the child are, in the opinion of the court, only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. The term "abandoned" does not include an abandoned newborn infant as described in s. 383.50, a "child in need of services" as defined in chapter 984, or a "family in need of services" as defined in chapter 984. The incarceration of a parent, legal custodian, or caregiver responsible for a child's welfare may support a finding of abandonment.


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By the way are the children with you??

[ScottGem]

First, where are the children now? What about the mother?

If you want to care for them, then you file for temporary guardianship. If they are living with you now, you should have no problem getting it. At their ages, that's probably all you need to provide care for them. If you want to file for a more permanent custodial relationship, you can do that once you have legal rights to care for them.

If they are with you, just go to the local Family Court and ask how to file for guardianship. If they are not with you, then we need to know more to advise.