Legal Question in Family Law in Florida

custody of grandchildren

My daughter has three children.. Their father died of a drug overdose 11/06. My daughter has been in & out of jail, but her rights haven't been severed.They were never married. His parents have them now, and plan to move them out of state and they say that my daughter has no rights.What are my rights? If there is no legal forms filed in court, what are my rights if I don't give them back.


Asked on 8/10/07, 8:15 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: custody of grandchildren

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

His parents have absolutely no rights whatsoever unless a court grants them some. The children are your daughters and if she wishes for you to take care of them, she has the right to say so. The parents of the deceased father cannot do anything without your daughter's approval.

Basically, grandparent's have no rights as to their grandchildren as long as one of the natural parents are alive and able to take care of the children. As long as your daughter's rights remain intact, the children are hers to take care of and she has sole custody of them.

Scott R. Jay, Esq.

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Answered on 8/10/07, 10:56 pm
Robert Roemer Robert Roemer

Re: custody of grandchildren

I would suggest you e-mail me your phone # to discuss.We need to discuss his parents rights and your daughter rights in more detail.

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Answered on 8/10/07, 8:20 pm


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