custody in the case of death

My daughter has a 1 year old daughter. She never married the father and the father is not on the birth certificate. She is seeking support and paternity has been proven. She lives with me and so does her daughter (my granddaughter). If anything happens to her, what would the state of Florida require be done with her daughter?

[usmcfamily]

To my knowledge (from what I have been told in my own case in Oregon...so verify it applies in FL)...since your daughter has proven parternity the courts now have a legally recognized father of the child....therefor you granddaughters "next of kin" in the event of the death of your daughter would be the childs father. In the event of the death of the custodial parent...the surviving parent is assumed to be the succeeding custodian....meaning that yes, if your daughter died the custody would revert to the father. There are things that can be done.....first of all even if what you would consider the "worst case" happened and he did get custody you could file for custody or at least visitation rights (grandparent rights are becoming more and more prevelant these days!)....granted this would mean a court case but for your granddaughter I would think it would be worth it to you. As long as your daughter continues to collect support fromt he father he has rights to this child - actually even without paying support he still has the rights to his child as visitation and support ARE seperate issues in the eyes of all courts....but if he doesn't pay or contact the child he could be setting himself up for abandonment charges which if your daughter dies and this is the case you can file to adopt (and terminate his rights) on the grounds of abandonment. One question, though, we seem to be doing all of this on the assumption that he is a bad father**************I know natural instinct is to say he is from your point of view but is he? would the baby be so "bad off" if he were to have her? Answer that honestly, k?
Anyway,,,,,on another note, technically right now you have no rights to even seek medical care etc for the baby ..... you and your daughter should seek assistance in drawing up a "power of attorney" to give you such powers.....never think of it till you need it and then it is too late!
my other advice to you would be to seek the counsel of an attorney - they all have free initial consultations - or legal aid in your area and tell them your story/concerns and see what advice or info. they may be able to provide....they were a great help to me.
Most of all....good luck and God Bless