Grandmother Wants Custody of Grandchildren
by Mike from Orlando, Florida, Orange County
A grandmother wants custody of her 4 grandchildren. The daughter is not mentally stable; cannot hold a job; moves from place to place. The grandchildren currently live with the Grandmother but she does not have custody.
The daughter will not give up her custody rights. Since this is a very unhealthy situation for both the mother and children.
Is there something that the Grandmother can do to get custody of these children and to receive child care funds?
There are four different fathers in this situation and none of them are involved or are pursuing custodial rights. Thank you for your time and consideration of this question.
Answer to Florida Child Custody Question
The grandmother can file a Petition for Temporary Custody by an Extended Family Member under Florida Statute 751. This type of petition is usually, but not always, consensual.
However, since the children are already living with the grandmother, and if the grandmother is willing to explain to a judge that this temporary custody change is in the best interests of the children, it may be granted without the consent of the mother.
The mother will have to be notified, and will have an opportunity to dispute a temporary custody order. If the grandmother is awarded temporary custody, later on she may be able to create a more stable arrangement, such as an extended family adoption. Have a look at our Temporary Custody by Extended Family Members page
As temporary custodian of the children, the grandmother would be able to apply for social services in their behalf, such as Medicaid and Food Stamps.Notice:
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