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.
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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.
Law Office of Christopher S. Mulligan
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.
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