THE MOTHER OF MY 2 YOUNGEST GRANDCHILDREN IS ABOUT TO BE EVICTED FROM HER HOME AND DOESN'T HAVE A PLACE TO STAY NOR DOES SHE HAVE THE FINANCES TO CARE FRO THEM. WHAT ARE MY CHANCES OF GETTING CUSTODY OF THEM? THEIR FATHER IS MY SON AND HE DOES NOT WORK EITHER BUT HE LIVES WITH ME AND I CAN TAKE CARE OF THEM FINANCIALLY.
State/Country relating to question: Florida
NOTHING YET I WANT TO KNOW MY OPTIONS. IF I WAS BACK HOME IN NJ I WOULD JUST GO TO FAMILY COURT AND FILE THE PETITION BUT I AM NOT SURE OF THE LAWS IN FLORIDA. I HAVE BEEN A RESIDENT OF FLORDIA FOR 11YRS,
Thank you for your question. Do you think either the mother and/or the father would consent to your having custody?
the father would but the mother might not because she is angry at the father and at this point she is not a position to take care of the children. She has no viable income.
I see.In that case there are two options. The first is to file a motion with the court for an order of custody. If the mother contests the application, it will be an uphill battle legally. There is a presumption that the legal parents are the best caretakers for the child, and you would have to overcome this presumption by demonstrating that the mother is unfit. You may have better luck having your son motion for custody. He can make the case that he lives with you and that you support him and would support the grandchildren financially. It can be very difficult to obtain an award of third party custody, and depending on the circumstances, the court may be more likely to entertain your son's request.The other alternative is to contact the Department of Children and Families to file a complaint that the children are being neglected. The problem with this is that there is no guarantee that you would be awarded custody, and the children may go to a foster family temporarily.
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