Tampa, FL asked in Family Law, Child Custody and Juvenile Law for Florida

Q: IN THE STATE OF FLORIDA WHAT HAPPENS WHEN MOTHER HAS DIED & BIO DAD HAS PATERNITY ESTABLISHED?

HELLO!

I STEP UP AND TOOK MY DAUGHTER INTO MY HOME 3YRS AGO WHEN HER MOTHER DIED FROM BREAST CANCER. HOWEVER, THE GRANDMOTHER OF MY DAUGHTER ON HER MOTHERS SIDE GETS RELEASED FROM FEDERAL PRISON AFTER DOING 10 YRS AND TOLD MY DAUGHTER SHE CAN RUN AWAY FROM MY HOME AND LIVE AT GRANDMOTHERS HOME. TONIGHT MY DAUGHTER RAN AWAY AT 7 PM AND I CALLED THE COPS AT 10 PM. JUST AS I THOUGHT GRANDMA PICKED HER UP AND NOW IS REFUSING TO GIVE HER BACK. THE COPS ARE TELLING ME I NEED A COURT ORDER SHOWING CUSTODY. I FIND THIS ODD BECAUSE I WAS TOLD BY CHILD PROTECTION I HAVE CUSTODY OF HER BY DEFAULT. TO CLARIFY GRANDMOTHER HAS POSSESSION OF A BIRTH CERTIFICATE WITHOUT MY NAME ON IT & I HAVE CURRENT BIRTH CERTIFICATE WITH MY NAME ON IT. CHILD SUPPORT PUT ME ON THE BIRTH CERTIFICATE BACK IN 2008. WHAT CAN I DO?

1 Lawyer Answer

A: It appears that the police are misunderstanding the situation. Show them your birth certificate (with your name on it) and the mother's death certificate. And explain the facts as you have explained them here.

That should work, but if it doesn't you may have to apply for a court order.

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