Posted by Nydia Streets of Streets Law in Florida Child Custody
Grandparents can seek temporary custody of their grandchildren in Florida under certain conditions. According to the Florida Statutes, the following can seek temporary custody of a child: “(a) Any extended family member who has the signed, notarized consent of the child’s legal parents; or (b) Any extended family member who is caring full time for the child in the role of a substitute parent and with whom the child is presently living.” Fla. Stat. 751.02. This was an issue in the case Green v. Farmer, 4D22-2837 (Fla. 4th DCA August 30, 2023).
In this case, the maternal grandmother filed a petition for temporary custody of a child, and she was granted immediate exclusive custody and care of the child. Presumably, the mother appealed. The appellate court reversed, holding “But [the maternal grandmother] was not caring for the minor when she filed the petition. Nor did she have the consent of a parent of the minor. As a result, she did not qualify under the statute to receive temporary custody.” The court ordered “We remand for dismissal without prejudice, as we recognize proceedings pending when this appeal was filed may impact Farmer’s entitlement to proceed under the statute.”
Schedule your meeting with a Miami family law attorney to understand show the law may apply to the facts of your case.