Legal Question in Family Law in Florida
Custody dispute between mother and other relatives
Some people I know are in a custody battle and need help. Here's the situation: A mother, who was a drug user, left her young son with the boy's father. The parent were not married, and the mother had nothing to do with her son for years. A year ago, the father was killed in an accident, so the boy was living with his uncle (the father's brother) and the grandmother. Adoption proceedings had begun. A few months ago, the mother re-appeared and took the son away from the uncle and grandmother, who want to regain custody. She has supposedly stopped using drugs, but has no job and is being supported by her boyfriend. By appearances, the mother is only interested in money the father left for the son, who will be turning 12 soon. The son sleeps on a mattress in the living room. According to Florida law, do the uncle and grandmother have any chance of regaining custody?
1 Answer from Attorneys
Re: Custody dispute between mother and other relatives
It is important that they go see a local family law attorney. Although a birth mother will usually be given preference, given the history here she should have to show that she is able to care for the child. But the uncle ad grandmother really need to advocate strongly. Also, any money left to the child should have been left either to an adult or in a trust. The court will also have to decide who will control the money. Again, your friends should hire an attorney to assist them.
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