Q: Can my husband's family file for custody even though we are still married and they reside with them?
My children have resided with there fathers grandparent for the last five years. Are they capable of gaining custody or my kids without my consent? I have documents saying I have them under me as far as medical insurance etc, they just live there until my financial situation get better help what do I do??
A: It is possible they could file for visitation rights. They have to be able to show a close and continuing bond with the children that would be broken if visitation was denied.
Kim Ebert agrees with this answer
A: Yes, they can file for an order of custody or guardianship. They would have to provide you notice and have you served with any petition attempting to do so.
Kim Ebert agrees with this answer
A: Unless you have been convicted of a felony related to the children, then no. They may file for guardianship, but if you object it will likely not be granted. They can try. But why don't you go get your kids? I'm sure after 5 years your situation has improved. You might want to ask yourself, "Where are the children better off and stable?" Some attorneys provide consultations for a fee. If you don't have the funds to hire one out right, it would be extremely beneficial for you to pay a consult fee on this and get some in depth guidance.
A: Don't go with my answer - that's Florida law. I thought I was answering in the Florida forum. Go with the other 2 attorneys answers. I'm trying to figure out how to delete my answer or change it. Good luck.
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