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I have temporary custody of my grandson since Sept/09 when his mother was put in prison she is being released. Can she take him?

September 22, 2013

[dropcap type=”circle” color=”#ffffff” background=”#555555″]Q[/dropcap] She will be on probation for 5 years once released. she has 3 children all being raised by the grandparents.

[dropcap type=”circle” color=”#ffffff” background=”#ef7f2c”]A[/dropcap] You will need to file a Petition for Custody by Extended Family Member. This will require your daughter to go to court to be able to obtain custody of the children again. This process would best be handled by an experienced family attorney as you have to demonstrate why the mother having custody is not in the child’s best interest. This petition can only be done after you have had the children for more than 30 days. Therefore if she comes and takes them from you, you will be unable to use this procedure. Good Luck.

 

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About the Author

Vanessa_Vasquez De Lara Divorce Attorney

Vanessa Vasquez de Lara is a Miami divorce lawyer, author, and legal commentator with more than 20 years of experience helping families navigate divorce, child custody disputes, and complex family law matters throughout Florida. She is the founder and managing partner of Vasquez de Lara Law Group, one of the largest family-law-only firms serving Miami-Dade and Broward counties, with a team of attorneys dedicated exclusively to divorce and family law.

A graduate of the University of Miami School of Law, Vanessa has been recognized for her professional excellence by being named to the Super Lawyers list every year since 2016. She is also the author of the bestselling book “The Florida Man’s Guide to Getting Divorced” which provides practical insight into the legal, financial, and personal realities of divorce in Florida.

Fully bilingual in English and Spanish, Vanessa is frequently invited to provide legal commentary on family law issues in national media, including appearances on NBC and Univision’s Despierta América.

Beyond her legal work, Vanessa is the founder of the Ricky Supreme Scholars Foundation, created in honor of her brother who lost his life to gun violence. Through the foundation, she provides scholarships to high school students to help them pursue higher education and build brighter futures.

Connect with Vanessa:
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