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What legal rights do i have as a grandmother for custody of my granddaughter.

Jacksonville, FL |

my daughter is currently in jail and maybe there for a while she has a 2 year old daughter .i have been taking care of my granddaughter from the time she was born up until feb 2,2013 due to the fact that i moved to florida.she would not allow me to bring her with daughter has now changed her mind and wants me to get custody of her daughter.long story short .my granddaughter has been living with my family since i left.but the caring giving has not been stable .she has going from one family memembers home to now that my daughter asked me to get custody of the family wants to fight against me in getting my granddaughter,please tell me what i can do to get my granddaughter

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Attorney answers 3


You need to get an attorney in the County where your daughter and the child are and have them draft an agreement to give you Temporary Custody of the child. You will have to go back to the state where the child is to do this and check with atttoneys in that state to make sure this can be done. Good Luck.

B. Elaine Jones, Esq.


You need to file a Petition for Temporary Custody by Extended Family. If your daughter consents, you are already half way there. In short, if the mother and father of the child consent to the petition it will be granted. If not, you will have to show in court that the parent's are unfit.

In your circumstances, you only have to worry about the child's father since it sounds like the child's mother consents. If the father has not had paternity adjudicated you may not need his consent or to prove he is unfit in court. Ultimately, I am going to need more facts, but the other family members will not likely have anyway of fighting with you over custody unless one of those family members is the father.

This answer is for general informational purposes only and does not establish an attorney-client relationship. Please contact a licensed attorney in your state of residence. For more information on our services, please call our office at (904)733-7777.


Depending on the circumstances, you may also be able to file a private dependency petition on behalf of the child. The option suggested by the Jacksonville attorney is probably where you would want to start unless the issues are more serious.

An attorney that handles family law and dependency/adoption cases should be able to help you navigate your options.

Chris Mulligan
Law Office of Christopher S. Mulligan
(352) 593-5990

This is only general advice and should not be considered a specific legal assessment of your case or advice that would create an attorney-client relationship. For a consultation contact our office at (352) 593-5990.