The outcome depends on the strength of your evidence, the specific circumstances, and the applicable law. No attorney can guarantee a specific result, and any attorney who does should be approached with caution.
Depending on the facts of your case, courts may grant:
What an experienced attorney can do is build the strongest possible record, anticipate the arguments on the other side, and position your case for the most favorable result the facts will support.
The firm understands how Florida family courts approach these matters and how to strategically position a case when parental rights must be overcome.
Yes, but Florida law requires meeting a standing threshold first. Under Florida Chapter 751, grandparents may petition for temporary custody by showing either written parental consent or specific acts or omissions by the parents demonstrating abuse, abandonment, or neglect as defined under Chapter 39 of the Florida Statutes. Courts then apply the best interests of the child standard to determine the outcome.
Florida law does not grant extended family members automatic rights, those belong to legal parents. However, relatives can petition for custody, time-sharing, or visitation under specific circumstances. The strength of the case depends on the relationship with the child, evidence of parental inability or risk, and the ability to establish standing under the applicable statute.
You would typically file a petition under Florida Chapter 751 or pursue a dependency-related placement through the appropriate court. The process begins with establishing standing, proving you have a significant relationship with the child and that their current situation poses a risk. An attorney can evaluate your specific facts and identify the fastest, most effective route given the urgency and circumstances.
Custody, or time-sharing, governs day-to-day care and decision-making in a family law context. Guardianship is a separate legal status typically used when parents are incapacitated or deceased, and involves a different court process and broader legal authority. Both may be viable options depending on the situation, and an attorney can identify which is appropriate and which can be obtained more quickly.
Yes. If a child is in immediate danger due to abuse, parental incapacitation, or an emergency situation, Florida courts can issue emergency custody orders on an expedited basis. These situations require an attorney who can move quickly and file the appropriate emergency motions without delay. Contact the firm immediately if this describes your situation.
A contested case is significantly more complex. When a parent objects, you must present evidence to the court demonstrating that the child’s welfare is at risk and that placement with you is in their best interests. Florida courts begin from a presumption that parental custody is appropriate, so the evidentiary threshold is meaningful. Experienced legal representation is what makes the difference in contested cases.
Yes. A parent’s active addiction that places a child at risk is one of the documented circumstances Florida courts consider when evaluating extended family custody petitions. The key is building a record that demonstrates both the specific risk in the current arrangement and the stability and suitability of your proposed placement. The firm handles these cases with the documentation strategy required to meet the court’s standard.
A Guardian ad Litem is an attorney or trained volunteer appointed by the court to independently represent the best interests of the child — separate from either party’s legal representation. In contested extended family custody cases, the court may appoint a Guardian ad Litem to investigate the child’s situation and make a recommendation to the judge. Their report and recommendations can carry significant weight in the court’s final determination, which is why how your case is built and documented matters throughout the process.
