Q: Can unmarried father get Full Custody in Florida
My 25 yr. old son lives with me has a 2 year old son to his on/off 20yr old partner, they are constantly breaking up and getting back together, its just a matter of time before it ends. During this time our grandson has been kept and brought up sporadically by me and my wife while we have had them all living with us, sadly my grandson barely even acknowledges his mother if she walks in the room even if she has been away at her own mothers for a week or two.
When she does visit her own mother they smoke pot and fake weed and she often returns stoned. Sometimes they will fall out and she takes my grandson with her. We are so worried that he is being neglected when he is away from us and that sooner or later something bad will happen to him. We have a nice home and can afford to keep our grandson there, we have told her we will gladly take care of the child but I don't think she would sign him over for fear of losing food stamps. Neither of them are working, is there anything we can do?.
A: If the parents will not consent to temporary custody of minor by extended family, that is both parents, then you would have to prove that each is unfit by clear and convincing evidence. This is complicated and in my opinion you have to have an attorney for this type of case. There is a whole court procedure that must be followed as well as the rules of evidence, and most people know nothing about these matters, which are all important in court. Indeed, when people try to represent themselves they do not understand much at all about these things. When there is a custody fight between parents, there is no such thing as full custody in Florida. It has to be shared parental responsibility that is ordered by the court. The son needs to get his rights and responsibilities established in a paternity action, which is the most important goal to achieve at this stage. So, what I think that you should do is to hire an attorney for the son who will file a paternity action and seek a majority of the time sharing.
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