Legal Question in Family Law in Florida

Children taken by grandparents

During my seperation, my x and I gave my parents guardianship. When the divorce was done, I was given sole custody.

Does this supercede the guardianship?

During the childrens visitation with their mother, she allowed my parents to take the children. My parents have informed me that they are taking the children back to FL to live. (Just to help, it is a stable home, no abuse, no criminal record, just a loving dad and step mom.) What right do they have to do this? What do I need to do to get them back? How can this be prevented in the future?

Isn't this ''kid napping''?

Please Help.

Thanks


Asked on 8/04/01, 9:11 pm

2 Answers from Attorneys
Gregory Smith Law Office of Gregory D. Smith

Re: Children taken by grandparents

Initally, the last order probably controls currently, but if you didn't terminate your parental rights, you can petition the court to modify the guardianship agreement. If Tennessee is the state of divorce, grandparents have no real rights to visitation absent unusual circumstances. Perhaps Mr. Goldstein can answer that issue for FL. For more info, see www.gsmithlawfirm.com .

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Answered on 8/07/01, 1:31 pm
Elliot Goldstein Law Offices of Elliot Jay Goldstein

Re: Children taken by grandparents

What do you mean by "guardianship? Did you draft the document? Did an attorney draft it? Was it temporary?

Unless it was actually a consent to adoption, no matter what it says, you probably will end up prevailing. The real question is how hard ($) will it be to set it aside.

You should schedule a formal consultation with a� lawyer.� A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association.��� They probably have a web site and charge a nominal fee for the referral.� Most attorneys either provide a free initial consultation, or charge a nominal fee. I do not charge for an initial consultation.

Good Luck.-Elliot Goldstein (I also have an office in Tampa)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts.� Do not rely on this information. Seek a formal consultation with an attorney.

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Answered on 8/06/01, 8:56 pm


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