If you are a Grandparent in the State of Florida, I am willing to bet you have been told that Grandparents have no rights in Florida. This is not exactly true. The theory behind Grandparents no having rights with regard to grandchildren is that the parents of that child should have the right to decide how to raise that child. If the parent does not want the child to have a relationship with the Grandparent, why should the Government get in the way? Shouldn't a parent have the right to lawfully raise their child in any way they see fit? This is the logic behind Grandparents not having rights. But, as with anything in the law, there are exceptions.
Unfortunately, and all too often in today's society, sometimes parents are not fit to care for their children. In cases where parents have abused, neglected or abandoned their children, Florida law provides for an action whereby extended family can gain temporary custody of children.
A Petition for Temporary Custody by Extended Family can be filed in cases where a child has been abused, neglected or abandoned. If successful, the court has the ability to grant custody of a child to any extended family member until further order of the court.
Obtaining an Order of Temporary Custody can be useful, and often necessary, when a child has been left in the care of an extended family member. Schools, doctors and other professional and social services may refuse to give treatment or services to a child who is not accompanied by a parent.
If you are a Grandparent or extended family member and you are considering this type of action, consult Michael D. Fluke, P.A. today. There is a potential downsides to this action and you need to understand all of your rights and options.