Proving a Unfit Parent in Florida

[grandma999]

My question involves a child custody case from the State of: Florida
Daughter is seperated from husband and had a baby 3 weeks ago. She lives with parents. She takes that baby out every night till 10pm or later. He had problems when he was born and we tell her she should not do this. She is around people that are known for doing drugs. The husband is known to do drugs and has nothing to do with her or baby. What are the legal rights of grandparents and or to prove both parents unfit to take care of this innocent baby?

[Dogmatique]

Grandparents have no inherent rights at all.

If the baby is in danger, you call CPS and/or 911.

[aardvarc]

If CPS determines that there are issues, they'll work with you to help ensure the child's safety, but so far, I'm not seeing anything that warrants removal or even consideration of removal (keeping in mind that parents can be bad parents, stupid parents, even grossly irresponsible parents, so long as the child is fed, clothed, housed, and free from physical abuse or IMMEDIATE danger).

Daughter is seperated from husband and had a baby 3 weeks ago. She lives with parents.

Ok. So at least sometimes there are other adults around. That's good.

She takes that baby out every night till 10pm or later.

Unconventional, but hardly damaging unless she's purposely torturing the child by keeping it awake all day too. It's a bit early to suppose that staying out after 10 will cost the child a scholarship, a job, or some other consequence than an odd sleeping schedule.

He had problems when he was born and we tell her she should not do this.

Exactly what problems, and how are those problems exacerbated by different times of day?

She is around people that are known for doing drugs.

Not good, but also not an IMMEDIATE threat to the baby. Unless mom is GIVING the child drugs, or the child is playing with syringes, just being around people "known for" drugs isn't going to be an issue.

The husband is known to do drugs and has nothing to do with her or baby.

If he has nothing to do with them, then his own drug use is irrelevent.

What are the legal rights of grandparents and or to prove both parents unfit to take care of this innocent baby?

As noted, you can file a report with CPS and see what they are able to document. If something that calls into question the child being fed, clothed, housed, supervised, and free from physical abuse is found, THEN you might consider talking to a local attorney about a petition for guardianship. Short of any of those elements, the best you MAY be able to establish will be visitation - and even that can be dependent on how willing BOTH parents are to allow you to build bonds with the child. At 3 weeks old, you'll have no claim that there is ALREADY a strong emotional bond in existence between you and the child, so be careful that you don't really anger mom (or dad, if he can be found), because mom holds ALL the legal cards regarding you having ANY exposure to her child.