Hialeah, FL asked in Family Law and Child Custody for Florida

Q: Will a Florida Judge order my 13 year old daughter to be returned to her grandmother that lives in a retirement home?

My mother has custody however my mother surrendered my daughter to me in 2018 and decided to cut ties with us. she came back into our lives in 2020 only to create more problems for me. Now in nasty custody battle and we have a hearing for next week to see if my daughter would be returned to her grandmother that lives in a +55 community home that DOES NOT allow minors to live in and only allow minors to visit for 30 days of the year

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1 Lawyer Answer
Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
Answered
  • Divorce Lawyer
  • Stuart, FL
  • Licensed in Florida

A: I really need more background on the case to get an understanding of the nature of the claims being made and the procedural history of that matter. Courts are almost always going to recognize the superiority of a parent over a non-parent. That being said, there are situations such as abuse , abandonment and neglect that might have an impact on those natural rights that parents have over non-parents.

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