Florida Guardianship Question

by Laurie from Palatka, Florida, Putnam County

Florida Guardianship Question:
My daughter has full custody of her 4 year old daughter with only supervised visitation rights to the father.

My daughter is having problems right now is is willing to sign guardianship of her daughter over to her mother and father.

My question is: since mother has full custody and father only supervised visitation rights, will the father have to sign over guardianship also?

Answer to Florida Court Forms Child Custody Question

Dear Laurie,

I can't be sure from your question whether the father will need to sign over guardianship or not. When you say your daughter has "full custody" I must assume that you mean physical and legal custody.

Legal custody is the right to make decisions regarding the child. And since the father has only supervised visitation rights, I am also assuming that must be for a reason.

I suggest that you research a Petition for Temporary Custody according to Florida Statute 751.

751.03 Petition for temporary custody; contents.--Each petition for temporary custody of a minor child must be verified by the petitioner and must contain statements, to the best of petitioner's knowledge and belief, showing:

1. The name, date of birth, and current address of the child;
   
   
2. The names and current addresses of the child's parents;
   
   
3. The names and current addresses of the persons with whom the child has lived during the past 5 years;
   
   
4. The places where the child has lived during the past 5 years;
   
   
5. Information concerning any custody proceeding in this or any other state with respect to the child;
   
   
6. The residence and post office address of the petitioner;
   
   
7. The petitioner's relationship to the child;
   
   
8. The consent of the child's parents, or the specific acts or omissions of the parents which demonstrate that the parents have abused, abandoned, or neglected the child as defined in chapter 39;
   
   
   
9. Any temporary or permanent orders for child support, the court entering the order, and the case number;
   
   
10. Any temporary or permanent order for protection entered on behalf of or against either parent, the petitioner, or the child; the court entering the order; and the case number;
    
    
11. That it is in the best interest of the child for the petitioner to have custody of the child; and
    
    
12. A statement of the period of time the petitioner is requesting temporary custody, including a statement of the reasons supporting that request.

Only an extended family member may file a petition under this chapter. Have a look at our Temporary Custody by Extended Family Members e-book. It has all the forms, instructions and other useful information to help you get custody of your granddaughter.

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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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

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