Custody Of Grandchild

by Alma Orlando, Florida, Orange County

Custody Of Grandchild: 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 Notice that this is temporary custody, and can be rescinded by the mother.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 e-book. 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.

If you need legal advice, we recommend LagalMatch's free Lawyer Referral Service. Many lawyers offer free initial consultations. Get the legal advice you deserve.
Free Family Lawyer Referral

Our Self Help Guide, Modifying Custody & Visitation in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Custody & Visitation In Florida

See These Related Florida Child Custody Pages

Back to Top

Go to Florida Child Custody

Go to Florida Child Custody FAQs

Go to Florida Child Custody Forms

Go to Modifying Custody & Visitation Documents Preparation Service

Back to Florida Court Forms from Custody Of Grandchild