My rights as a minor in Florida in reference to temporary guardianship due to death in the family?

Child Custody 3 views 2 answers
My mother died when I was ten years old and my father was proven unfit for parenting, so my sister and I moved in with my grandmother under a temporary guardianship agreement. She's both treated me unfairly, neglected and not provided adequate care. Multiple family members have taken notice, and several times child protective services have been called but I've never spoken out before because my sister is delayed [similar to autism] and requires my grandmother's attention (nobody else in my family has the time required.) I'm now 17 and I can't stand it anymore, and I'm looking to either change guardians to another family member 18+ or become emancipated, and I don't know how to go about it. I have a part-time job, and receive SS money monthly because my mother worked.

Attorney Answers

2
Evelyn Cloninger ·
You may file a Petition for Emancipation, which would terminate your grandmother's role as your guardian. However, you have to consider whether you have the means to support yourself should your grandmother ask you to move out altogether, which is a possibility you must consider. That would separate you from your sister, and that may not be the best interest of either of you. You can contact legal aid sources in the county where you are located and may find you are qualified for the assignment of a legal aid attorney to assist you with this matter. If you feel you would be better off anfywhere than with your grandmother, you can contact child protective services and ask if they can place you in a foster home. However, unless the present home is unfit in some way, or your the agency agrees with your declaration of facts as to the treatment your guardian extends toward you, they will not place you elsewhere just because you request it. Another route is to file a Petition to Rremove Guardian, in which you ask the court to remove her as guardian, stating reasons why, and asking that a different guardian of your person and property be appointed. As you are already 17, it is not that much longer until you are of majority age (18). In my opinion, the expense of legal action for such a short period of time as remains of your minority is likely not worth it. Good luck.
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