When Can Grandparents Be Awarded Custody in Florida?

Grandparent custody in Florida is quite common. However, it is not something that a grandparent can just request and be awarded. If you are a grandparent seeking custody, whether you are looking for temporary or permanent custody, there has to be a reason. And, you should work with a family law firm.

Temporary Custody

Temporary custody (also called guardianship in Florida) is one option to consider. If you are a grandparent seeking custody on a temporary basis, you still need a family law firm. Ideally you and the children’s parents should work with an attorney familiar with custody to draw up a signed and notarized document granting temporary custody to the grandparents. This will allow them to enroll the children in school, access to medical services and records, and a few other things. Temporary custody is meant to provide the parents time to recover from an accident or financially get back on their feet while keeping the children out of foster care.

However, there are situations where grandparents seek custody when the parent are unfit. This can be requested without the help of the parents through the courts with your family attorney. Keep in mind that legal temporary custody can only be requested once every two years. And, there will be a hearing to determine if the grandparent seeking custody is the best solution for the child or children.

Permanent Custody

The law prevents a grandparent seeking custody from requesting permanent custody except in a few situations. They include, but are not limited to:

• Both parents being deceased.
• The parents are both missing and/or abandoned the children.
• Incarceration of both or the only living parent due to a violent offense.
• Proven cases of unsafe environment with the biological parents.

Prior to awarding permanent custody, the court will evaluate the fitness of the grandparent(s) seeking custody to ensure that they are physically, mentally, and financially able to care for the children. Permanent custody is a path to adoption.

Are You a Grandparent Seeking Custody? Wagstaff & Pitelis Can Help

Whether you are looking for temporary custody while your adult child gets back on their feet or permanent custody, Wagstaff & Pitelis can help. We are an experienced family law firm in all aspects of custody and adoption. Call us at (727) 584-8182 or fill out our contact form to learn how we can help you.