Florida Custody Rights for Grandparents
Florida law allows grandparents to apply for temporary custody of minor children in special circumstances. Grandparents cannot petition for permanent custody. A grandparent must file a petition with the Florida court to seek temporary custody of the minor child.
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Purpose
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The purpose of the Florida Code chapter titled, "Temporary Custody of Minor Children by Extended Family," is to help those family members already taking care of a related child but who lack the legal documentation that establishes custody. Grandparents applying for temporary custody under chapter 751 can then consent to medical care for the child, enroll the child in school, get copies of the child's essential records and do other things necessary to take care of a minor child.
Signed Consent
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To seek temporary custody of a minor child in Florida, the grandparent must file a petition with the court. They must, however, have the signed, notarized consent to temporary custody of the child's legal parents, or of the relative with whom the child currently lives, or of the child's father (even if he can not prove he is the father). If the child is already living with the grandparent, then the grandparent may be able to get temporary custody approved without signed consent of the parents.
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Petition Contents
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Florida Code has very specific requirements that a grandparent must include when petitioning the court for temporary custody of their grandchild. Pursuant to Section 751.03, the petition must include: (1) the name, birthday, and address of the child; (2) the names and addresses of the child's parents; (3) the names and current addresses of the people who the child has lived with for the previous 5 years; (4) the addresses where the child lived during those 5 years; (5) details about any custody proceeding regarding the child pending in any state; (6) the residential and mailing address of the grandparent filing the petition; (7) the relationship of the petitioner to the child; (8) the reason why the child is already living with the grandparent, if that is the case, and (9) the period for which the grandparent is seeking temporary custody and the reason that the custody is necessary.
Verification
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A petition for temporary custody of a minor child filed by a grandparent must also be verified. This means the grandparent must sign the document, swearing that all of the information stated in the petition is accurate to the best of his knowledge.
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References
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