Legal Question in Family Law in Florida
fathers rights
i am the father of two children 10 and 11.i left my childrens lives a couple of years ago because their mother threw me out and took off with my kids and wouldnt let me see them.she evenually left state with them but returned.april of last year she died of an over dose of pills.her mother took over the care of the children.a few months ago she filed tempory custudy papers in court.when she finelly found me she withdrew the motion.the grandmother will not let me see them or even come get them.the children were born out of wedlock but it was proven in the past a couple of years ago in court that they are my biological children.does the grandmother have any right to keep my kids from me?any advice would help.
1 Answer from Attorneys
Re: fathers rights
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
No, the grandmother has no right to keep the biological father away from the children. In fact, you could file a motion for custody and you would most likely be successful if you have a stable job and a clean environment in which the children can live. You should see an attorney to discuss this further.
Scott R. Jay, Esq.
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