Q: Is it possible for a grandparent to get custody of grandchild if for 6 years they were the ones taking caring him?
I have a 6 1/2 yo grandson I have been caring for and supporting all his life. About 3 weeks ago his father showed up to my door with DCF and with his birth certificate. I was told I had to let him go with his father even though the child doesnt even know him. For the past 3 weeks I have been denied even phone calls. The father knew of him since age 1. He spent 8 months with him at age 1 then they wouldn't return our calls so my daughter asked me to go pick him up. Since then they completely abandoned the child to my care. The only reason now they came to get him was cause I asked them to wait a while to do in person visits due to covid. Also the only way they even got DCF to show up was by making false allegations about my 16 yo son. My grandson has ADHD & i was getting him checked for autism. I need advice I at least would like court order visitation since it seems it might be the only way he sees the only mother hes had all his life. Both parents never called or visited him in years
A: In family court (sounds like paternity in your case) there are no provisions for grandparent visitation. The only way that you might be able to pursue this is through dependency court. Look for a family attorney who specializes in dependency in your area that might give you a free or low cost consultation. This is a complex and delicate area of family law.
The situation you are in is very delicate and you should consult with an attorney that can assist you after getting more information on your particular case. You can try to go the route of dependency court if either parent or both parents have abandoned, abused, or neglected the child. You could also file a Petition for Temporary Custody by Extended Family in Family Court where a Judge will make a determination on whether or not it is in the child's best interest that you have temporary custody while he establishes a relationship with his biological father.
DISCLAIMER: The answer provided here do not constitute legal advice. Any statements made are based on the limited facts you have provided and are general statements that might not be applicable to your case based on other factors. We do not have an attorney-client relationship and you should consult with a local attorney. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in the State of Florida. Camila Martin, Esq.
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