Seeking Custody?

What is the name of your state?What is the name of your state? Florida

My 18 year old daughter lives at home with my husband and myself and 2 other children. She has an 8 month old daughter. She leaves the baby with me to go to work and doesnt come home untill the next day often. When I say something she will take her to her other grandmother and leave her for a couple of days and just parties untill she decides to go pick her daughter up. She takes her to homes where they are smoking pot and she she smokes herself (she told me that herself). I have told her I would try to seek custody but I am worried that the courts would give the father custody first. He does not have a job right now, no car, does not pay support. His mother is a single mom but she works for the State Attorneys office. I am raising 2 other children and have 2 incomes in the house. Could I get custody?

Dawnydoo said:

What is the name of your state?What is the name of your state? Florida

My 18 year old daughter lives at home with my husband and myself and 2 other children. She has an 8 month old daughter. She leaves the baby with me to go to work and doesnt come home untill the next day often. When I say something she will take her to her other grandmother and leave her for a couple of days and just parties untill she decides to go pick her daughter up. She takes her to homes where they are smoking pot and she she smokes herself (she told me that herself). I have told her I would try to seek custody but I am worried that the courts would give the father custody first. He does not have a job right now, no car, does not pay support. His mother is a single mom but she works for the State Attorneys office. I am raising 2 other children and have 2 incomes in the house. Could I get custody?

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You are correct that the father would have "first dibs" at custody. If the father also lives at home and has the "backup" of his mother his chances at custody would be very strong if you were to prove your daughter unfit (which is what you would need to do in order to be able to obtain custody).

The household incomes and the fact that there are other children in your home wouldn't be considered to be relevant in a custody proceeding (assuming that both homes are decent). The other grandma also has some "clout" due to the fact that she works for the State Attorney's office. (not fair, not right, but realistic)

Basically, a grandparent has to prove both parents unfit in one manner or another in order to gain custody. At that point the other grandparents become "equal" to you in the eyes of the law. You have an "edge" in the eyes of the law...however if you cannot prove the other parent legally unfit..PLUS he has his parent as backup, you really don't have a strong chance of winning.

Florida.
Thanks Ldij for responding,
I forgot to mention that my daughter and the father of the baby are not married. She has total custody of the child according to Florida law. Does that change anything?

Dawnydoo said:

Florida.
Thanks Ldij for responding,
I forgot to mention that my daughter and the father of the baby are not married. She has total custody of the child according to Florida law. Does that change anything?

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Your question is about you having priority in a custody matter over the father. So either way, mom's custody will be challenged. Grandmothers do not have superior rights to custody over that of the bioparents.

REgardless, sounds like Mom is NOT the perosn who should have custody- FL law or not, this baby needs someone who will not be hanging out and partying all night and ignoring the baby.

Dawnydoo said:

Florida.
Thanks Ldij for responding,
I forgot to mention that my daughter and the father of the baby are not married. She has total custody of the child according to Florida law. Does that change anything?

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No, it doesn't. Dad is still basically first in line unless you can also prove him unfit. At that point your competition would be the other grandparents. You would have an edge over them because the child has been part of your household.

Laura