Custody By Grandparents Without Parental Consent. Keep in mind that “fit parents” roughly translates to “barely adequate parents.” Thus, temporary custody by an extended family member usually ends up being, well, temporary. In fact, if the parents can be considered “fit”, they can petition the family court to terminate the grandparents’ temporary custody. It should also be mentioned that, even if the grandparents are granted temporary custody, this does not terminate the biological parent’s rights. Under Chapter 751, Florida Statutes, an “extended family member” (which includes grandparents) has the right to petition a family court for temporary custody of a child, if the biological parents consent to it. Temporary Custody By Grandparents With Parental Consent. If you are a grandparent concerned about your grandchildren's well being, here is a brief overview of the three situations where a family law attorney can help you: About once per month I receive a call from a grandparent concerned about his or her grandchild’s well-being. Sometimes, the child is living with them due to the biological parents’ present inability to provide adequate care. While biological parents and their children occupy most of a family law attorney’s attention, grandparents occasionally enter the picture. Under some circumstances, Florida family law provides grandparents (and other extended family members) rights to the custody of their children, but with several limitations. Grandparents' Rights to Custody of Their Grandchildren Have Several Limitations But keep in mind that adoptions are permanent. If the parents consent, an adoption by the grandparents is fairly simple. This requirement is a higher and much more serious than just claiming that removing the children from the parents is “in their best interest”. 
This requires proving that they have abandoned, abused or neglected their children.
If parental consent is not given, grandparents (or other extended family members) must prove in court that the parents are “unfit”. But parents can petition the family court to terminate it. Temporary custody can be obtained with parental consent. Grandparents’ rights to their children’s custody have limitations that depend on parental consent.
Practicing Exclusively Family Law Since 2011 Summary Grandparents' Child Custody Rights by Florida Family Lawyerīy Orlando Family Law Attorney Eduardo J.
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