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

Q: If a child has been living with grandparents, but there is no legal custody arrangement, can grandparent deny the mother

If there has been no court ordered custody or guardianship arrangement, Can a grandparent, who has been caring for a child for an extended period of time, deny the mother the ability to take the child back? And can they make rules denying the parent from having the child stay with said parent overnight?

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2 Lawyer Answers

A: If there is no court ordered custody arrangement, there is no reason the grandparents keep the child from you, unless there are proofs you are unfit to care for the child and they appeal for custody for the child. Speak to lawyer to know how best to proceed with your case.

Bruce Alexander Minnick agrees with this answer

A: Under Florida law, the child's parents always have priority over any rights the grandparents may assert. However, just to make it clear to the grandparents you should retain a lawyer to protect your superior rights.

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