Legal Question in Family Law in Florida
My daughter had a son 8 years ago but never married the father. The father got custody of the child however the fathers mother is raising the child. My daughter passed away two weeks ago from brain cancer. Do I have any rights as far as trying to get custody of my grandson. Like I said my grandson is not leaving with his father at all. Can I get cutody of him. He is going through a very rough time losing his mother. Thank you for yor help.
1 Answer from Attorneys
When the mother passes away, the father becomes, in essence, the "sole custodian." If, as "sole custodian," the father wants the paternal grandmother to raise your grandson, it's his call. Your only hope would be to prove that some sort of child abuse was occurring. If you could prove that, you'd have a shot at taking the child away in a lawsuit similar to one that DCF would file and under the same standard to take away the rights of a parent.
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