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Can the family take custody from surviving parent or get visitation rights?

Seffner, FL |

Bio father passed away and family is trying to take custody of child. Parents were never married, child has sibling, and mother has clear report from CPS due to false allegations case is closed, Chapter 751 just got dismissed.

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Attorney answers 5


I am sorry you are going through this. More facts are necessary, however generally speaking a parent has priority over non-parents in custody issues. I do suggest you contact a local family law attorney familiar with custody issues to discuss your options and protect your interests. Good Luck.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


Many more facts are needed to give an adequate answer. Any attorney will have a ton of questions for you. See a family lawyer in your area.

R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.


I agree with my colleagues. Discuss this with an experienced family law attorney in the Tampa area.

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The mother will get custody she has to just petition the court.


Sorry to hear you are having a rough time with Bio Father's family. I agree with other attorney comments that more facts are needed to give an appropriate answer. However, with that said, from your post non-parents usually have no standing to fight for custody. In any event, you should seek a family law attorney for representation.

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