Legal Question in Family Law in Florida
Grandparents with Primary Custody
My husband and I have custody of our daughter's 20 month old baby (both bio parents willingly signed a joint motion my lawyer prepared and the judge approved). This baby has lived with us since birth.
What are the chances we could lose custody to either bio parent down the road? They both are financially unstable and immature, they're both into partying, etc (they're in their early 20s). If either of them gets their act together in the future, I'm worried they could try to uproot my granddaughter from the stable loving environment we provide her. All parties live within a few miles of each other and we are completely flexible regarding visitation with both bio parents (they each only ask to see her about once a week for a few hours). I worry about this all the time. Is it a valid concern?
2 Answers from Attorneys
Re: Grandparents with Primary Custody
It's a very valid concern. Without an adoption or a "Chapter 39 dependency action" (where you take the child away from them for abuse or neglect) against the parents, they can take the child back at any time.
Re: Grandparents with Primary Custody
I would hope and pray for the child's sake, they would get their act together. A child should be shown how to love its parents. It is a sad thing to say. But, the way you set the question up, there is very little likelihood they can can do it with all the problems they seem to have. So as long as this grandchild is not safe in their care, it probably won't go home.
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