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I'm a Grandparent and have Guardianship of my Grandson since Sept 21,2012

Bankruptcy and Debt 5 views 1 answers
My Son is my grandsons Father and doesn't play a father role in his life whatsoever he would rather be fishing and hanging out with friends at 25 My grandsons Mother was given visitation rights twice a month for and Hour and half and hasn't seen him since last June 2014 and since then hasn't requested one by email at all during the visits she treated as if she was just any person there. I had the visits at the Park , she has had all 5 children removed from her by the State and my Grandson is her 4th one. I want to know can we try and get Full Custody of my grandson and stop waiting for a visit whenever she feels like it and move forward with our lives now my grandson is now 3 yrs old now what are our rights as Grandparents and wanting to move forward now with our Lives without interruption

Attorney Answer

1
Heather MorcroftFamily Law AttorneyWinter Park, FL ·
It sounds from your question as if you obtained guardianship through DCF. You do have full custody of the children - however they do have to provide for visitation in a permanent guardianship order. If she is not visiting, and has not corrected the problems, you can always ask the court to reopen the case and seek termination of parental rights so you can adopt. However, since it has not even been a year yet, I think that may be a bit premature. You can also go back and seek to modify the visitation portion of the order, but again, if she is not visiting what is the purpose in that? Let her continue not to meet her obligations for a few more years and then go back for a TPR and adoption. I suggest you meet with an attorney in your area familiar with the dependency court system, and go over your situation in more detail.
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