Grandparents Want to Have Custody

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

My soon to be ex-wife and I have separated since last year October. She joined the Army and went off to bootcamp and left our children with her grandparents. I continued to visit them 4-5 per week at the grandparents home because I resorted to living with my mother in a space not suitable for myself and my two children. I have recently gotten back on my feet in my own space and have confronted the grandparents that I would like to have my kids so they can be with their father while their mother is away for 5-6 months. They told me no. I got a lawyer and they told me the next time the grandparents give me the children for the weekend do not return them. They said the grandparents have no legal rights to keep my children from me and there is no need for emergency custody orders as there is no emergency. The grandparents and I have a cordial relationship and even after they told me "no" i did not raise a fit. I don't want a stressful situation to unravel in front of my kids.

My question is: when I take my kids this coming weekend and do not return to the grandparents. I plan on verbally informing them that I did not agree with their answer the last time I asked for my kids and now I'm telling them that they are going to stay with me for the time being. I still want the grandparents to be able to see the kids when they want but i fear that the same situation I do to them they can do to me; keep them. How can I keep them in the kids lives but protect myself and my children from any foolishness they may bring about.

Is there presently a custody order, or was the custody arrangement something you worked out between yourself and your spouse without going to court? I can see the lawyer giving the same advice either way -- they're your kids and, if mom isn't exercising custody, you are in a position to recover them from a third party -- but the situation becomes more complex if the case involves actual or litigation against a party who can invoke the SCRA (Servicemembers Civil Relief Act) and potentially delay the litigation.

Does the mother support your obtaining custody during the remainder of her tour of duty, or does she intend to argue that the children should remain with her parents? (Her opinion doesn't dictate the outcome, but depending on what happens next it could be useful to know what her position is.) Is it your intention to remain the primary custodial parent after your spouse returns?

From what you've told us so far, your lawyer is correct -- that you can keep the children, and that you can decline visitation or can supervise it in a setting that is acceptable to you in order to prevent the grandparents from refusing to return your children.

And in case they threaten you with a visitation suit, please know that GPV in Florida is 99.9999999% dead. In other words, they have no chance outside of extreme circumstances and even then, it wouldn't be easy.