Custody Of Grandchild

by Alma Orlando, Florida, Orange County

I live in the state of Florida and my granddaughter has been living with me since December of 2009. My son was killed 5 months before her birth. I have DNA record stating that my grandchild is indeed my son's daughter.

Her mother currently works at night and after her apartment caught on fire she moved in with her boyfriend.

Will the Florida court grant me custody of my granddaughter?

Answer to Florida Child Custody Question

Dear Alma,

What does the mother say? If the mother doesn't contest the custody, then you have an easy path. If the mother contests the custody, it may be possible, but not nearly as easy.

My suggestion is to speak with the mother and ask her whether she would agree to custody of your granddaughter. If she will agree, and she may since the child is already living with you, then you could file a Petition for Temporary Custody by an Extended Family Member under Florida Statute 751. Notice that this is temporary custody, and can be rescinded by the mother.

Have a look at our Temporary Custody by Extended Family Members page. There are other paths you might take, but the absolute path of least resistance is for the mother to agree.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Comments for Custody Of Grandchild

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Child of Parents Don't Want Him
by: Anonymous

I live in south Florida, I have had my grandson off and on his whole life and this time for a year. Neither one of his parents will sign custody over yet they want me to continue to support the child in every fashion. His mother who lives in another state continues to accept aid for him such as medicaid and foodstamps. How can I resolve this?

--I suggest you get the advice of a lawyer. There are many issues to consider in your case, and the way forward is not clear. However, I think you should do what is best for your grandchild. The current situation is neither fair nor just. Use our free lawyer referral service (click on the link above) and get the legal advice you deserve. --Staff

Custody Of Grand-Nephew
by: Monica from New Mexico

I live in New Mexico. My grand-nephew lives in Florida. How can I get custody of him if his mother is willing to let him live with me?

--You need to file a Petition for Temporary Custody of a Minor Child by an Extended Family Member, Florida Statutes 751; providing you are his great aunt by blood and not by marriage. "Grand nephew" and "great nephew" are synonymous. For the purposes of this process, the extended family member must be within three steps of blood relation -- consanguinity. So, the grandchildren of your brothers and sisters are your great nephews and great nieces; are three steps.

You are the Petitioner and your niece must provide her written consent. Consent from the child's father may also be required, depending on specific circumstances. If the whereabouts of child's father is unknown you must attempt to locate him and use constructive service if you are unable to find him. --Staff

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