My question involves a child custody case from the State of: Florida
My son recently passed away. He left behind a son of his own. The child's mother abandoned him shortly after my son's death, without my knowledge. She left him with a friend of hers and signed over temporary custody to that friend. The friend is not a blood relative to the child. As soon as I found out I contacted DCF and put in a motion to the court to get custody of my grandson. I got advise from a local lawyer to combine the 2 court cases for custody, mine and the mothers friends. I went before the magistrate today and he told me he cannot combine the cases unless I currently have custody of the child or I have permission from the child's mother. I have neither. The mother left town and the child is left with her friend. He told me not to lose hope, there is another way. Except he cannot tell me the way and recommends I get a lawyer. I don't have $1500 for a lawyer. I'm hoping someone knows the answer to his riddle. Any advise is much appreciated.
How to Get Custody of Your Grandchild
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11-09-2017, 04:23 PMStephanieThorsonHow to Get Custody of Your Grandchild
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11-09-2017, 04:40 PMllworkingRe: Trying to Get Custody of GrandchildYou need that attorney.Quote:
Quoting StephanieThorson
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11-09-2017, 07:53 PMMr. KnowitallRe: How to Get Custody of Your GrandchildDo you mean, they went to court and she agreed to a court order granting him custody? The details matter here -- a lot.Quote:
Quoting StephanieThorson
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11-10-2017, 04:00 PMStephanieThorsonRe: How to Get Custody of Your GrandchildNothing has been court ordered yet. The mother has not gone to the courthouse at all yet. The mother signed a form titled "Waiver of service of process and consent of custody buy a extended family member." On that form they claimed this friend is the grandmother, which is a lie, and that they have no idea who the father is. The mother knows my son is the child's father and I am the grandmother.Quote:
Quoting Mr. Knowitall
My grandsons mother was living with this friend. She left town and left the baby there. The friend wanted to keep the baby and the mother didn't want the baby. The mother is currently pregnant again. The friend threatened to call the police on her if she didn't sign that paper. I was mourning over the loss my son when all of this took place. The mother knew my son was the father and brought the baby to his memorial service. Now I have no way to contact her, she won't answer my calls. -
11-10-2017, 08:46 PMMercy&GraceRe: How to Get Custody of Your Grandchild
Did your son sign the birth certificate? Or sign a paper acknowledging paternity ? How old is the child ?
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11-11-2017, 03:35 AMStephanieThorsonRe: How to Get Custody of Your Grandchild
The baby is 1 1/2 years old. My son did not sign the birth certificate but we did a DNA test afterwards.
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11-11-2017, 05:03 AMllworkingRe: How to Get Custody of Your GrandchildWas your son legally acknowledged as the father? Did the DNA test go through court?Quote:
Quoting StephanieThorson
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11-11-2017, 09:02 AMStephanieThorsonRe: How to Get Custody of Your Grandchild
No. We did the DNA test ourselves, not through the court.
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11-11-2017, 09:50 AMllworkingRe: How to Get Custody of Your GrandchildThen legally, you are not the child's grandmother. You cannot legally be the grandmother unless your son was legally established as the father. Your son has not been legally established as the father. You need to consult an attorney about how you might establish your son's paternity posthumously.Quote:
Quoting StephanieThorson
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11-12-2017, 07:25 PMMercy&GraceRe: How to Get Custody of Your Grandchild
Courts do not acknowledge DNA tests not done by a,lab they contact with. It is a matter of creditability.
The child may or may not be eligible for Survivors Benefits. SSA does not have the same requirements as a Court. Your son would also have to have paid in enough to Social Security