Legal Question in Family Law in Florida
custody of grandchildren
My daughter has three children.. Their father died of a drug overdose 11/06. My daughter has been in & out of jail, but her rights haven't been severed.They were never married. His parents have them now, and plan to move them out of state and they say that my daughter has no rights.What are my rights? If there is no legal forms filed in court, what are my rights if I don't give them back.
2 Answers from Attorneys
Re: custody of grandchildren
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His parents have absolutely no rights whatsoever unless a court grants them some. The children are your daughters and if she wishes for you to take care of them, she has the right to say so. The parents of the deceased father cannot do anything without your daughter's approval.
Basically, grandparent's have no rights as to their grandchildren as long as one of the natural parents are alive and able to take care of the children. As long as your daughter's rights remain intact, the children are hers to take care of and she has sole custody of them.
Scott R. Jay, Esq.
Re: custody of grandchildren
I would suggest you e-mail me your phone # to discuss.We need to discuss his parents rights and your daughter rights in more detail.