Legal Question in Family Law in Florida

Re: grandparent custody of child

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Your daughter's designation by will is sufficient to appoint you as legal guardians. Following her death, your appointment would be ratified by court order and "letters of guardianship."

BUT, unless the child's father has surrendered his parental rights, or his parental rights have been terminated, he has a superior right to custody over you as grandparents, and could challenge your appointment.

Re: grandparent custody of child

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.

Your daughter can recommend you in her Last Will and Testament but the court will make the final determination. If the father is alive and desires to have custody of the son, he will be given priority absent some important reason why it would not be in the child's best interests. A natural parent is always given priority by a court.

Scott R. Jay, Esq.