Legal Question in Family Law in Florida

rights and responsibilities re. children in my custody/guardianship

Do I have any legal grandparents rights for a child raised at my home since birth? I had custody and quardianship of her mother from birth.


Asked on 9/19/08, 5:19 pm

2 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Re: rights and responsibilities re. children in my custody/guardianship

As Mr. Martell stated there are no automatic rights given to grandparents. However, you may have options to gain custody or guardianship over your grandchild.

My office handles these types of cases regularly, and can evaluate your individual situation. Please feel free to call or email to schedule a consultation.

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Answered on 9/20/08, 10:25 am
Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: rights and responsibilities re. children in my custody/guardianship

Unfortunately, no you have little to no legal rights as a grandparent. I'm assuming that this is a dispute between you and your daughter or the father of the child. Basically, unless you were designated as the Guardian of the Person and Property of a Minor Child through a guardianship lawsuit, you have no legal custody rights over your grandchild. The right to custody of a parent will always trump the right of any other person to the custody of his/her minor child. Based on what you have asked, I recommend that you immediately look until filing a Petition for Temporary Child Custody by Extended Family Member. Contact a local family law attorney to help you further.

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Answered on 9/19/08, 7:12 pm


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