Legal Child Custody Question

by Ana from Naples, Florida, Lee County

Legal Child Custody Question: When I was 16 I got pregnant. The man left me and didn't come back for 3 years till 3 days ago. I found a good man a year and a half ago. I gave birth to another baby, was living with him and left my first baby with my mom. She loves the baby.



On December 7 I moved from Miami to Lee county and told my mom that my first baby will stay until the 26 with her for the holidays. I come back to get her and she says no. I called the police and they said the grandparents filed a petition for custody against me. What can I do ?

Answer to Florida Child Custody Question

Dear Ana,

You likely already know the short answer to your question.

As you have probably already found out in talking to others or doing your own research, your next logical/legal step is to file an Answer to the grandparent's petition for custody.

Before you file an answer, though, go to the courthouse and request a copy of that document.

Apparently you were not notified of the Grandparent's Petition for Custody; and you should have been.

Find out what the petition claims as the reason for a change of custody. Did your mother claim that you had abandoned the baby, or that you are an unfit mother? If she did make any allegations like those, you need to make sure that your voice is heard.

Unless allegations of unfitness or abandonment were made, law enforcement was likely overstepping their authority by refusing to return the baby to you.

If no allegations were made in your mother's petition about your unfitness or abandonment, and there is only a petition regarding change of child custody, but no court order signed by a judge, then you likely still have legal custody.

The fact that the grandparents filed a petition for custody does not mean that custody has changed. The grandparents have only asked the court to change the custody.

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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