grandparents with their grandchildThis is the next post in my series on the child custody and visitation rights of Melbourne, Florida grandparents. My last article discussed the situations in which grandparents may seek visitation rights. Florida is more restrictive than many states in this regard, but there are still situations in which a grandparent can gain visitation rights. Retaining an experienced attorney can assist you with making the best possible case to the Court. In this article I will discuss the possibility of obtaining concurrent or temporary child custody. If you are in need of assistance then contact my office today to speak with a lawyer.

Grandparents may seek concurrent child custody with the consent of the parents

There are many situations in which a grandchild may be residing with the grandparents or, at the least, spending a large amount of time with them. These can include situations in which a single parent is working excessive hours and is unable to care for the child. They can also include situations where a military parent is deployed. Children may also wish to attend the school that the grandparents are zoned for, etc. In these types of situations it is necessary that the grandparents be able to enroll the child in school, consent to medical care, and make other decisions which require a legal guardian. Under these situations a grandparent can obtain concurrent child custody pursuant to Chapter 751 of the Florida Statutes. This will allow a grandparent to have custodial rights while the parents fully maintain their rights.

Concurrent child custody will often be sought in situations where the parents are in agreement that the grandparents need custodial rights. A Petition for concurrent custody will often include a consent from the parents to such an arrangement. The Petition must also include a statement as to why such an arrangement is in the best interest of the child and a specific timeframe as to the duration of the arrangement. The Court will typically hold a hearing at which the parties will appear to answer any questions which the Judge may have. Assuming there are no concerns, the Court will typically grant the request at the hearing.

A Melbourne lawyer can help grandparents to gain temporary custody of their grandchildren

Grandparents may seek temporary custody of their grandchildren if it is shown that the parents have abused, neglected, or abandoned the grandchildren. It is, sadly, not uncommon for parents to be irresponsible and to demonstrate that they are not capable of caring for their children. This can go as far as the grandchildren living with the grandparents due to the parents skipping out on them. In such a situation the grandparents may seek temporary custody of the grandchildren so that they may provide proper care. Any request will need to include specific facts demonstrating that the children have in fact been abused, neglected, or abandoned. It is important to understand that the Court will consider a child to be in such a situation if they are truly being mistreated. Disagreeing with a parent’s parenting style, or the parent leaving the child alone for a night, will not constitute abuse, neglect, or abandonment. Discussing your situation with an attorney is the best way to determine whether or not you have a valid claim.

I am a Melbourne family law attorney who practices solely in the area of domestic relations cases. My office will give your case the attention it deserves. Contact us online or by telephone to schedule an initial consultation. We look forward to speaking with you. We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.