Legal Question in Family Law in Florida
I have raised my granddaughter for 10 years without any financial help from her mother. She signed a power of attorney for child finally last year so I could put her in a private school on a scholarship. Now that she found a man 3 months ago to take care of her she wants the child back. What can I do to stop her from uprooting a perfectly well adjusted child from the only stable life she has ever had ?
3 Answers from Attorneys
Seek court ordered guardianship.
You have a complicated issue!
Under Fla. law, grandparents don't have legal rights for visitation or custody over natural parent. You state she gave you power of atty. That is revocable by the grantor. Make sure that is the name of the document. There is another legal action that gives temporary custody of a child to an immediate family member. If that is what it was, it would be harder for her to terminate it. It would be good for you and the child if she would agree to a court order for that.
You may be left with the only option of contacting DCF. DCF files dependency actions against negligent or abusive parents and removes the child from that parent, usually on a temporary basis. The fact she allowed you to have the child before, shows some lack of interest or capability to provide care. The process takes several months. Who knows, she may end up breaking up with her boyfriend during that time.
Where is the father? You may want to inquire if he would be on your side.
Good luck.
Tom Rosenblum
File a petition for guardianship.
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