Get Custody Back From Grandmother

by Pauline from Miramar, Florida, Broward County

How do I revoke temporary custody from my mother? I just turned 25 years old. I had been facing some very hard times.

My mother had begged me before hand to give her custody of one of my children so that when she dies they can get social security and she also asked my sister for 1 of her children.

Unfortunately, I soon needed the help and accepted her temporary custody, and she has now put me on child support and giving me problems about getting them back. What do I do?

Answer to Florida Child Custody Question

Dear Pauline,

According to Florida Statute 751 Temporary Custody of a Minor Child by an Extended Family Member:

At any time, either or both of the child’s parents may petition the court to modify or terminate the order granting temporary custody.

The court shall terminate the order upon a finding that the parent is a fit parent, or by consent of the parties.

The court may modify an order granting temporary custody if the parties consent or if modification is in the best interest of the child.

The statute also states that the Order for Temporary Custody should specify a duration of time for the temporary custody to be in effect.

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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Comments for Get Custody Back From Grandmother

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Custody Over the Grandparent
by: Anonymous from New Jersey

My daughter has been living with her grandmother which is her father's mother for 5 years. She lives in Florida and I never gave her custody I just allowed her to stay with her. I live in New Jersey and I want custody so my daughter can live here with me. I would like to know does the grandmother have rights to keep my daughter who is now 11 over me?

--The grandmother has been taking care of your daughter for five years and you are asking if she has any rights? I would hope so. She has been providing a home and a life for your daughter in Florida, but it is unclear what a court will do if there is a custody fight. My best suggestion is to seek legal advice from a family law attorney. --Staff

Guardian Returns Children to Parent
by: Nana from Merritt Island, Florida

I was awarded custody of two great-grand-children by the state of PA. Their mother was not able to take care of them properly at that time. Since then she has proven herself to be a responsible parent (home, job etc). She would like to have custody of her children and I feel that they really need their mother as they are only 5 and 3.

PA insists that they gave me custody and that I can do "what I want with them". We all live in Florida. The children were born here. They were in PA less than a year. This will be a friendly transfer of the children back to their mother if we can find out how to do it. Father of children in jail and is not interested in the welfare of the children. Please help.

--I think what they mean by "whatever you want with them" is that you can consent to a transfer of custody. A lot depends on how custody was transferred to you in the Pennsylvania court and if parental rights were terminated. I would suggest you consult an attorney on how to proceed in a Florida court, as there are jurisdictional considerations to consider along with what I stated above. --Staff

Custody Choice And Granddaughter's Testimony
by: Janise from Dunnellon, Florida

My grandmother has custody of me and my mom is moving down here and wants to get custody of me, when in court can I choose who I want to live with.? I'm about to be 17.

--Yes, judges usually do take into account the testimony of teenage children who show an appropriate maturity level. But how this affects your case is purely up to the judge. Also you should know that your testimony will probably be only one of many factors that a judge will likely consider. --Staff

Temporary Custody Back From My Mother
by: shantell grant

My mother has temporary custody of my 3 children and for three years I have been back in court trying to fight to get them back. My oldest daughter in 2009 was living with me in Arkansas for 6 months and going to school and when I went to court the judge granted my daughter who was an Arkansas resident temporary custody to my mother.

I have been back and fourth to court. My mother keeps saying that I neglected my children when I went on vacation in 2009 and the judge granted temporary custody to my mother. There was no evidence shown that I neglected my children. Will I ever get my children back even though the fathers signed on the consent to give my mother custody and I did not?

--Yes. A temporary custody order can be reversed. Read the final judgment in your case. The judge may have noted the conditions under which the temporary order will end. Also, I highly suggest you talk to lawyer. --Staff

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