Legal Question in Family Law in Florida
Giving custody to Grandparent due to my illness
I have primary custody of my 2 children. Their fathers have visitation. One father visits his child and the other father has nothing to do with his child. I have cancer and might have a year to live. I would like to give my mother custody of the kids, they have lived with her all of their lives. What forms do I need and is this possible to do. The father that does visit with his child has no problem with doing this as he has been paying her the child support all along. The other father has changed his phone number so that his son cannot contact him.
5 Answers from Attorneys
Re: Giving custody to Grandparent due to my illness
I agree with my brethern as to the solution. One other to consider, is to appoint your mother as guardian in your will and , if you don't have one, go get it done. Doesn't sound like the fathers would contest this and since your mother has had the children for so long, she'd likely prevail in court.
Just an alternate thought.
Re: Giving custody to Grandparent due to my illness
This requires a court proceeding and a court order.
Good luck.
Re: Giving custody to Grandparent due to my illness
Your mother would have to be appointed guardian of the children by the Court. There may be difficulties in regard to the father that has lost contact.
Your local counsel should be able to track him down and if necessary bring him to the Court on a petition for Guardianship. If this father shows interest there maybe a problem as the parents have preference over any other person.
You should do this now to protect the children and have it settled while you are sick. Do not wait until later.
Re: Giving custody to Grandparent due to my illness
Your mother would have to be appointed guardian of the children by the Court. There may be difficulties in regard to the father that has lost contact.
Your local counsel should be able to track him down and if necessary bring him to the Court on a petition for Guardianship. If this father shows interest there maybe a problem as the parents have preference over any other person.
You should do this now to protect the children and have it settled while you are sick. Do not wait until later.
Re: Giving custody to Grandparent due to my illness
Your mother would have to be appointed guardian of the children by the Court. There may be difficulties in regard to the father that has lost contact.
Your local counsel should be able to track him down and if necessary bring him to the Court on a petition for Guardianship. If this father shows interest there maybe a problem as the parents have preference over any other person.
You should do this now to protect the children and have it settled while you are sick. Do not wait until later.
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