Legal Question in Family Law in Florida

ok my step sister got preg at 14, had a baby at 15. Her name is Makayla. Bethany was the birth mom. Bethany tried to take makayla but 1. didnt know who the dad was for sure. 2. Took her and he shook Makayla and Bethany before My mom too Makayla outta that. Bethany has signed Makayla over to her legal parents whom are her actual grandparents. so their health isnt good enough to take care of her. My mom has raised her. Makayla is now 4, happy, healthy, in school and very smart. Bethany has spent the spent 4 yrs on drugs, under multiple boys, including her brother whom it was said she got an abortion from, and moving around constantly which made her barely never in Makayla's life. She claims she has been with this new guy for a year, and that she is off drugs and alchohol, and now she is sayen she wants Makayla back. If Makayla tells a judge at 4 years old straight forward that she doesnt wanna leave her mommy... my mom not Bethany. Will the judge let her stay? Or could Bethany and her legal parents, whom she signed Makayla over too, take her away. Bethany said she wasnt gunna let her see any of us again because she "doesnt like us" and i have a printed out letter stating that she wants to fight me or more on christmas in front of the family and Makayla. That shows she has no respect and is still to imature to take care of a child properly. So would she be able to take her or no?

Asked on 11/24/09, 12:49 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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A four year old will have no say in who has custody. The court decides what is in the best interests of the child. I doubt that the 18 year old, (perhaps) former druggie, with new live-in boyfriend will have a snowball's chance in hell of getting custody of a 4 year old that she has barely seen or cared for.

Answered on 11/29/09, 12:58 pm

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