Many times custody cases involve a parent who is seeking to assume, or expand, the extent to which he or she has parental responsibility for the child. However, sometimes, circumstances might dictate that an extended family member assume temporary custody for a minor child. If you were in that position, would you know how to take the proper steps to obtain legal custody? With an outcome as important as this, you need to be sure, so make certain you have a knowledgeable South Florida family law attorney giving you the assistance you need.
A case litigated in Miami presented this type of extended-family-member-custody scenario. J.M. was a man originally from Guatemala residing in Florida. J.M. sought temporary custody of his minor sister through the Florida courts. The older brother’s legal petition indicated that the parents had abused the girl in her home country of Guatemala and that the parents had consented to their adult son assuming temporary custody over their minor daughter.
The trial judge was highly dubious of the accuracy of the assertions made in J.M.’s petition. The judge noted that, if everything in J.M.’s petition was true, then the “terribly abusive” parents had signed documents “basically admitting to these terrible acts.” The judge also pointed out that there were “certain immigration benefits” of the request being granted “in circumvention of existing immigration laws” For those reasons, the trial judge dismissed the request for temporary custody.