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Mother's parents want to get voluntary temp. custody, until parents can clean up?

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JayLN03

Guest
What is the name of your state? Florida

My sister has no job, and is living with another family member. She would like to honor my parents wishes to get temporary custody of her 4yr old son until she can clean up her act and get a job and be able to provide a stable home for her son. The father is using drugs and is out at all hours of the night. He has lost his job, and is being kicked out of his parents home. Can my sister consent to temporary custody with out the father? Can this be settled out of court?
 


E

Eurynome

Guest
What is the father's opinion of the child? Is he involved with the child's life?

Has paternity even been established?

If this is in the best interest of the child, I would jump at the chance, however, you need to advise counsel on this matter, retain an attorney, and follow the appropriate legalities involved in this matter, in court.
 
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JayLN03

Guest
The father hasn't called to arrange a time and place to see his son. His son constantly says " My dad calls me an idiot because he doesn't want me!" And says that his dad is mean. I believe that it IS in the best interest for the child. He will have a stable home with people that love him and can take care of him. My mother has already called her ins. co. and they said that he can go on her ins. And to be completely honest my nephew will a lot happier with his grandparents. In reguards to paternity, they had him and then got married about a year later. My mother did talk to a lawyer and he advised her of a website that had a temp. custody form and the statue 751, but I could not find either one. We just want to make sure that he is well taken care for and will be safe and happy.
 

VeronicaGia

Senior Member
If they were married when she gave birth, he is the father and has the right to be involved with this decision. Also the court will likely demand his involvement.
 
B

Bloomer

Guest
Paternity

JayLN03 said:
In reguards to paternity, they had him and then got married about a year later.
Is the father listed on the birth certificate? Did the father ever sign an affidavit of paternity?

If the father is not legally acknowledged on the birth cirtificate as the father then the mother may not need his consent to give her mother legal, temporary custody. That, however does not effect the fathers rights or ability to have his paternity legally established and acknowledged.
 
J

JayLN03

Guest
thank you

I just want to thank you all for helping. You set some things strait. And he is on the birth certificate, so we'll have to do an intervention, drugs or your son. But thank you again.
 

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