I live in florida, father of children in prison I want to know if I can get sole custody and what rights his mother has over my chilfren. they are 8 and 4 and we were never married
2 Answers from Attorneys
His mother (the paternal grandmother) has zero rights. Zero. If he is in jail you will get sole custody for sure, you have to file a petition to enforce your rights.
1. His mother has no rights in your children, grandparents rights do not exist in Florida.
2. In your divorce you may ask for sole custody; it depends on what he did to go to prison as to whether or not the Judge will award sole custody.