Legal Question in Family Law in Florida
Children
My sister is currently seeking rights to visit her niece. The parents of the child are both currently in jail pending murder charges. The paternal grandmother has the infant, under temporary custody and will not allow my sister to see the child. I would like to know where I can find information, on what happens to child whose parents are in the custody of a prison in the state of Florida.
2 Answers from Attorneys
Re: Children
Generally, where the natural parents have been incarcerated, the court has granted custody to an interim party, usually to a family member, a foster parent, or institution. In your situation, you are advised to contact the Florida Dept. of Children and Families in the county where the child resides to obtain information on the status of the child and what your rights may be regarding visitation. Although the temporary guardian has responsibility for the child, another family member may be permitted visitation if a court believes such contact serves the best interests of the child. You or your sister may want to consult with a local family law attorney in that county to consider legal options.
Re: Children
If they are both convicted, then both parents will likely have their parental rights terminated.
Why won't Grandma let your sister see the child?
Assuming your sister is of legal age, is she interested in possibly adopting the child?
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. If you are located within the Greater Tampa/St. Petersburg area, I would be happy to meet with you
Good Luck, Elliot Jay Goldstein (attorney with offices in St. Petersburg and 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.