Legal Question in Family Law in Florida
Grandparents seeking Custody of minor children
My sister and her x were divorced in Michigan and my sister was awarded physical custody. Since the seperation (1992), my nephews have basically resided with my parents (the grandparents of the children). The father was not really involved in their lives except by the court ordered support payments and few visits. The children and my sister resided in FL for the past 4 years w/my parents. On 7/12/01 she committed suicide. Immediately following, the father gained custody of the children by way of Mich. court order without any notification to my parents. Do my parents have any rights to seeking modification of this order and gaining physical custody back? PEEEEAAASE HELP!
2 Answers from Attorneys
Re: Grandparents seeking Custody of minor children
Dear Sir/Madam:
This is in response to your email of September 3, 2001, which this office received on October 5, 2001.
Your parents may be able to modify the order to obtain visitation rights. However the facts presented do not provide for changing physical custody.
Please contact my office so that I may further discuss this matter with you.
Sincerely,
Nichols & Eberth, P.C.
By: Robert J. Stelmock
(313) 561-5700
Re: Grandparents seeking Custody of minor children
The grandparents must immediately take file a petition to change custody. Because the children are getting older, their opinion will be given some weight. But do not wait. As things become more settled in Michigan, it will be much more difficult to change custody. It is an uphill battle because the father has a presumption in his favor, but it should be possible.
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