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Grandparents and legal right

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above82

Member
What is the name of your state (only U.S. law)? FL

We have a 2 year old granddaughter. Our daughter is not with the father. They both take care of her and very well and each are taking responsibility. We as grandparents want to ensure that at anytime we can have some type of legal rights to healthcare and to make certain decisions pertaining to her safety and custody if necessary. We want to be prepared for the future in case we need to take care of her. I have heard of horror stories where both parents of a child have lost custody for whatever reason and the grandparents are battling a court for custody. Is there a certain type of document that we can have signed?
 


Rushia

Senior Member
What is the name of your state (only U.S. law)? FL

We have a 2 year old granddaughter. Our daughter is not with the father. They both take care of her and very well and each are taking responsibility. We as grandparents want to ensure that at anytime we can have some type of legal rights to healthcare and to make certain decisions pertaining to her safety and custody if necessary. We want to be prepared for the future in case we need to take care of her. I have heard of horror stories where both parents of a child have lost custody for whatever reason and the grandparents are battling a court for custody. Is there a certain type of document that we can have signed?
What you are looking for simply isn't going to happen. The way that I read your post is that you want rights in conjunction with the parents. You have absolutely no rights in FL, not even to sue for visitation. The best you can hope to do is ask BOTH parents to name you in a standby guardianship so that if something happens to BOTH of the parents, you can take care of the child.
 

Ohiogal

Queen Bee
Or they could be given a POA to provide healthcare and educational decisions however it can be revoked at any time and it will NOT enable them to remove the child from mom or dad or have custody of such.
 

above82

Member
Thanks for the replies.

So what does a Standby Guardianship do for a grandparent. We just want to be the first choice if something happens to both or either of the parents in an emergency, or accident. Sort of a safety net. The guardianship is something I think im referring to.
 

LdiJ

Senior Member
Thanks for the replies.

So what does a Standby Guardianship do for a grandparent. We just want to be the first choice if something happens to both or either of the parents in an emergency, or accident. Sort of a safety net. The guardianship is something I think im referring to.
That is exactly what a standby guardianship is. However, that doesn't mean that the standby guardianship could not be challenged by other close relatives, like the other grandparents.
 

above82

Member
Is there a way to be the sole guardians as grandparents in this situation?

Or at least them preventing to cause issues if they were ever to arise.
 

Just Blue

Senior Member
Is there a way to be the sole guardians as grandparents in this situation?

Or at least them preventing to cause issues if they were ever to arise.
Personally I find it a bit...disconcerting...that you are even here posting. If the MOTHER AND FATHER were here posting, that would not raise a question. But with the totally invasiveness of your post? Yeah. Over-stepping.:(
 

Banned_Princess

Senior Member
my suggestion would be be in happy communication with both parents, not overpowering, not judgmental or know it all ness, just friendly and helpful. do your best not to be a annoyance.

also be as hands on as you can with the kids... with parental approval. take them out, give mom or dad an afternoon off. sleepovers. be grandparents.

the closer you are with the family, the more weight you may carry as best placement should any god forbid occurs. the better the chance if they need placement.


AND never ever ever try to take them from their parents for no reason or any reason. let cps decide, and don't call them UNLESS they are seriously, in obvious to anyone, real immediate danger.
 

above82

Member
Personally I find it a bit...disconcerting...that you are even here posting. If the MOTHER AND FATHER were here posting, that would not raise a question. But with the totally invasiveness of your post? Yeah. Over-stepping.:(

why would us as grandparents asking what to do if a situation were to ever arise where the child is left with no one to step in as a legal guardian an issue?

we are trying to ensure due to the law that we have no rights in florida that if something were to ever happen we can protect her and not have her dragged through the court system.

Sorry if we feel the need to be responsible ahead of time. Most people wait until its too late.

And over stepping? Really? This from someone involved in protecting people for a living?

Your comment is as you put it...Yeah...insulting.
 

Proserpina

Senior Member
why would us as grandparents asking what to do if a situation were to ever arise where the child is left with no one to step in as a legal guardian an issue?

we are trying to ensure due to the law that we have no rights in florida that if something were to ever happen we can protect her and not have her dragged through the court system.

Sorry if we feel the need to be responsible ahead of time. Most people wait until its too late.

And over stepping? Really? This from someone involved in protecting people for a living?

Your comment is as you put it...Yeah...insulting.

If the other grandparents (or other interested 3rd party) chose to fight - and there's no reason why they shouldn't, evidently? - there's nothing you can do to stop them.

Custody would be decided based upon best interest. While a standby guardianship (assuming that's even possible in FL) is good to have, the court does not have to honor the wishes of the parents.
 

Zigner

Senior Member, Non-Attorney
The simple fact of the matter is that what you are asking about is the responsibility of the PARENTS. Yeah, overstepping.
 

above82

Member
my suggestion would be be in happy communication with both parents, not overpowering, not judgmental or know it all ness, just friendly and helpful. do your best not to be a annoyance.

We already are in happy communication with both parents.

also be as hands on as you can with the kids... with parental approval. take them out, give mom or dad an afternoon off. sleepovers. be grandparents.

Our daughter lives with us while going to school, our grandaughter is with us 4 days a week. We are being great grandparents.

the closer you are with the family, the more weight you may carry as best placement should any god forbid occurs. the better the chance if they need placement.

we are as close to the family as possible.

AND never ever ever try to take them from their parents for no reason or any reason. let cps decide, and don't call them UNLESS they are seriously, in obvious to anyone, real immediate danger.
Why would we take her from their parents?

As I replied to the insulting comment by blue meanie. Since there are no laws giving grandparents any rights, we are preparing ahead of time if anything were to happen. Things happen to people all the time. Accidents, sickness, whatever the case. When these things happen and minor children are involved someone needs to be able to have a legal power to protect them so they aren't dragged through the court system. So for us to sit here and know we have no legal rights is scary.

We are trying to prepare for the future, which nobody can foresee. Do we not write wills for the same reason?

Protecting our family is whats important and im so insulted at the insinuation that I am being invasive. This is a forum for advice, not judgement.

I think I have enough advice and I recommend someone think about posting comments that can insult the poster in the future. People come here to get advice because they need it, doesn't mean they have things to hide.
 
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Rushia

Senior Member
why would us as grandparents asking what to do if a situation were to ever arise where the child is left with no one to step in as a legal guardian an issue?

we are trying to ensure due to the law that we have no rights in florida that if something were to ever happen we can protect her and not have her dragged through the court system.

Sorry if we feel the need to be responsible ahead of time. Most people wait until its too late.

And over stepping? Really? This from someone involved in protecting people for a living?

Your comment is as you put it...Yeah...insulting.
I have to agree with Blue. Your OP insinuated that you were attempting to have legal rights to a child NOT yours, further it implied that you wanted to have the legal right to step in if you felt that things were not to YOUR satisfaction. That is not going to happen. I don't believe for one cotton picking minute that you are attempting to look at "just in case". I will also add since I read your other post that unless your partner is the father of your child, he wouldn't have been able to do anything at ALL since most state that even have GPV statutes make it very clear that you must be biologically or legally (as in adoption) to the grandchild to do anything.

So if all of us can see from your one post that you are attempting to assert yourself into a situation (overstepping) that you have no business doing so, then perhaps you need to reassess your thought process.
 
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