Grandmother Wants Custody of Grandchild

by Sondra from Wakulla, Florida, Wakulla County

Grandmother Wants Custody of Grandchild:
I am a grandmother, who is taking care of my daughter and granddaughter.

I am financially taking care of my grandaughter, she is going to be 18mths in two months, she and my daughter live in my household.

Mother is not able to support herself or my grandaughter- the father does not pay child support at all, either no job or in jail.

I can only carry my grandaughter two more months on my insurance unless I have proof of custody, how would I be able to do this?

Answer to Florida Court Forms Child Custody Question

Dear Sondra,

First make sure that your insurance company will be satisfied with temporary custody of your grandaughter. Then you can petition the court for Temporary Custody of a Minor Child by an Extended Family Member, under Florida Statutes 751.

Most of the judicial circuits have forms available for this process. It usually requires the consent of both parents. However, since you are already taking care of the child in your home, and the father is not supporting her, the courts may not require his consent.

Check with your local courthouse to find out whether they have forms available for the process. Have a look at our Temporary Custody by Extended Family Members page. It covers the forms, instructions and other useful information to help you get custody of your granddaughter. Unfortunately, the process is expensive, around $400 for the court filing fee.

I believe this is unfair for this particular process because the extended family member who is taking care of their relative's child is stepping up to do the right thing.

When you go to file your petition, also ask the clerk of the court for an Application for Civil Indigent Status, or you can find that form on the Florida Supreme Court's website at www.flcourts.org here.

If you qualify for civil indigent status the filing fee can be waived. The clerk of court makes the determination based on the information you provide on that form.

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

See These Related Florida Child Custody Pages

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