Temp Custody

[Sebastians Nonni]

My son and his wife agreed to give me Temp custody of my grandson, I printed all required forms and motions for the courts of Florida. However there are 2 more that need to be signed and notarized from both parents. My son has done so. But the mother has moved in with a new man and now I cannot contact her. Can I go ahead and file without her papers?

 

[Just Blue]

My son and his wife agreed to give me Temp custody of my grandson, I printed all required forms and motions for the courts of Florida. However there are 2 more that need to be signed and notarized from both parents. My son has done so. But the mother has moved in with a new man and now I cannot contact her. Can I go ahead and file without her papers?

No...she would need to sign the forms.

 

[LdiJ]

My son and his wife agreed to give me Temp custody of my grandson, I printed all required forms and motions for the courts of Florida. However there are 2 more that need to be signed and notarized from both parents. My son has done so. But the mother has moved in with a new man and now I cannot contact her. Can I go ahead and file without her papers?

Without seeing what you already have and what is missing, no one is going to be able to give you much advise other than "maybe". You are probably going to want to consult a local family law attorney.

 

[Zigner]

Without seeing what you already have and what is missing, no one is going to be able to give you much advise other than "maybe". You are probably going to want to consult a local family law attorney.

While you are correct that the OP should consult with an attorney, we can absolutely state that for a parent to voluntarily relinquish custody, that parent must sign the required forms.

 

[LdiJ]

While you are correct that the OP should consult with an attorney, we can absolutely state that for a parent to voluntarily relinquish custody, that parent must sign the required forms.

If it really is a required form. Apparently there were previous forms signed, and now these are new ones. We cannot know whether or not they are actually required because we haven't seen anything.

 

[Zigner]

If it really is a required form. Apparently there were previous forms signed, and now these are new ones. We cannot know whether or not they are actually required because we haven't seen anything.

Re-read my statement. It has all of that covered.

 

[Sebastians Nonni]

there is an entire packet. both parents according to FL courts, they need to sign 1. temp guardianship, which they did, 2. Parental consent to award temp legal custody by extended family member ( son has signed) Mother hasn't), 3. Waiver of process and consent for temporary custody by extended family (son has signed) mother hasn't). Im not sure if this will help at all.

 

[Ohiogal]

If she won't sign you need to get counsel because this has become a fight.

 

[LdiJ]

there is an entire packet. both parents according to FL courts, they need to sign 1. temp guardianship, which they did, 2. Parental consent to award temp legal custody by extended family member ( son has signed) Mother hasn't), 3. Waiver of process and consent for temporary custody by extended family (son has signed) mother hasn't). Im not sure if this will help at all.

Ok, it appears that you are doing two things here. Guardianship and custody are two completely separate things. It sounds like mom was willing to give you guardianship, but not willing to have it go as far as custody. Once again, I am going to tell you to run that paperwork by a local attorney to see if the paperwork that she signed for guardianship is sufficient for the guardianship. You may have to back off the idea of having actual custody.

 

[Sebastians Nonni]

This guardianship paper was part of the packet.. I called an attorney and he pointed me to the forms. I was a little confused as well, The mother and father know that this was to be Temp custody until further notice, since they both do not have stable lives at this point.

 

[Sebastians Nonni]

If she won't sign you need to get counsel because this has become a fight.

I am sad to think its coming to this. My next step will be children and families. A lot of history in his short life and its not pretty. I have all I need as far as pictures and records. I was trying to give them an option. TY for all of yalls help and advise

 

[PayrollHRGuy]

My next step will be children and families

If by that you mean the state agency that may not be the best idea. If they are brought in they may decide that the parents aren't fit and the children need to be removed from the home. That doesn't mean they will be moved to YOUR home.

Talk to a lawyer.

 

[Akrejci30]

From my experience, if you set a court date/hearing (this does not always require an attorney's guidance) and she does not appear. I am almost positive that indicates that she forfeits her rights as a mother. That is what almost happened to me. Luckily I was able to make the court date, but I was informed by my lawyer, that if I had not been there, my rights would have been revoked because a no show meant I was forfeiting my rights be my not showing up. I want to add as well though, I had to be served the papers first for the hearing and as a result, I believe that is why it was so serious in my case. I am also in Texas and I am not sure, but the guidelines in Florida regarding this topic could be slightly different. I hope you get it worked out. Stay strong for that precious little boy. He needs and deserves you. Much love and hope sent your way.

 

[Just Blue]

From my experience, if you set a court date/hearing (this does not always require an attorney's guidance) and she does not appear. I am almost positive that indicates that she forfeits her rights as a mother. That is what almost happened to me. Luckily I was able to make the court date, but I was informed by my lawyer, that if I had not been there, my rights would have been revoked because a no show meant I was forfeiting my rights be my not showing up. I want to add as well though, I had to be served the papers first for the hearing and as a result, I believe that is why it was so serious in my case. I am also in Texas and I am not sure, but the guidelines in Florida regarding this topic could be slightly different. I hope you get it worked out. Stay strong for that precious little boy. He needs and deserves you. Much love and hope sent your way.

Please do not advise. You are wrong...just focus on your own legal situation.

 

[Akrejci30]

I made it clear in my response that that was my personal experience with the topic if you can read. I never stated I knew 100% any definite answers to her situation. I was only trying to help as I stated. That is what I am hoping people do for me as I am going through an issue in which I need advice from people who have dealt and are dealing with similar situations and I am only trying to do the same. I do not claim to be a lawyer and know all the answers. I started the post with, "in my experience" I never was attempting to appear to be an all-knowing person, which I guess is what this site is.