Child's Grandparents Took Child - How to Regain Custody

[Firewifey74]

My question involves a child custody case from the State of: Florida

My husband and I have a 5 y/o and a 12 y/o (he is stepfather to the 12 y/o). When my 12 y/o was 3, I tried to get sole custody due to his biological father being a threat. Biological father also wanted to give up his rights...which he did. The courts said I could not have sole custody without a male figure, so my parents "helped" and were given temporary legal guardianship (until he turns 18). My child has ALWAYS lived with me and my parents have NEVER been "guardians" aside from the paperwork saying so. They live 2 hours away and occasionally he spends the weekend with them...that's it. Recently, after an argument with my parents, they came unannounced and took him without notice or arrangement and have been cold. I have always had a good relationship with them, but they are not answering their phone, email, etc. We have contacted the police and because of that paper, there is nothing they can do. We cannot afford an attorney at this time. How can we get our son back...this seems criminal and is tearing me apart in many ways.

Also, my son is an honor roll student, my husband a firefighter, and we have never had any type of criminal records or issues of any kind that would indicate we are bad parents. I hope this helps and I hope someone can help us! Thank you in advance.

[Dogmatique]

You were asked questions on the other forum - honestly, they weren't asked without reason


So. You can prove that he's lived with you all this time? I'm thinking you can (school records, medical records all with your address listed) right? If that's the case, get yourself into court and get the guardianship revoked based upon the child living with you.

Your husband's job is of no consequence whatsoever..as he's not party to the case at all (even if he was, it wouldn't matter anyway).

By the way, there is nothing in the Florida statute saying a parent cannot be the sole custodian without having a male figure present. Sole custody is awarded to single parents all the time. So I'm not exactly sure what happened there.

[Firewifey74]

You were asked questions on the other forum - honestly, they weren't asked without reason


So. You can prove that he's lived with you all this time? I'm thinking you can (school records, medical records all with your address listed) right? If that's the case, get yourself into court and get the guardianship revoked based upon the child living with you.

Your husband's job is of no consequence whatsoever..as he's not party to the case at all (even if he was, it wouldn't matter anyway).

By the way, there is nothing in the Florida statute saying a parent cannot be the sole custodian without having a male figure present. Sole custody is awarded to single parents all the time. So I'm not exactly sure what happened there.

My husband was just upset as we have been through unimaginable trauma over the last 3 years and this is the latest shock to us. I can prove that he has lived with us. No issue with that whatsoever. My question now is how do I go about this (especially without an attorney)? ...and thank you.

By the way, there is nothing in the Florida statute saying a parent cannot be the sole custodian without having a male figure present. Sole custody is awarded to single parents all the time. So I'm not exactly sure what happened there.

You are one of many people to mention this to me recently. I am realizing that my parents must have mislead me from the beginning. I wasn't present when they met with the attorney and they told me that I couldn't have custody without a male in his life. I have been niave. I guess they duped me into giving up my rights back then...I'm just having a very hard time understanding why they would/could do such a thing to their own daughter.

[Dogmatique]

Unfortunately hon, it's not uncommon for grandparents to "trick" their children into signing things that they maybe don't understand when it comes to custody of grandchildren.

Florida is very helpful when it comes to pro se (representing themselves) litigants. I honestly think you'd be better off saving whatever you can to have at least an initial consult with an attorney, given that there's something of a mess here...but, you can also try the self-help centers (which are present in most, if not all, Florida courts). They can't offer legal advice, but they can point you to whichever forms you might need.

I haven't checked to see if there is a "Revocation of guardianship" form on this site, but you can perhaps read more here

[Firewifey74]

Thank you for your help and a sense of empathy. I think the lack of empathy was where things went wrong in the other forum. Do you think the odds are in my favor given the brief background I've tried to paint and the current circumstances?

I almost forgot...would it help for my husband to adopt my son, or would we have to have guardianship in the first place?

[Dogmatique]

If kiddo has been living with with you all this time, and there's no question of you being unfit, I honestly can't think of any reason why the court wouldn't revoke the guardianship.

You don't need your husband to adopt your son in order for this to happen - though I do think you have an excellent chance of doing so later on when you can afford it, given that Dad has been AWOL for so long.