Can I get custody of my new born son, if his mother gave her rights temporarily to the grandmother until she gets out of prison?

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Can I get custody of my new born son, if his mother gave her rights temporarily to the grandmother until she gets out of prison?

Asked on October 22, 2012 under Family Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are the father of the minor child and the grandmother has temporary custody of the child, you as the father have the parental right to have custody of your own child absent some compelling reason why you would not be a fit parent.

To get custody, I suggest that you and the grandmother work out a written agreement for sharing custody of the minor and if she refuses, you will need to consult with a family law attorney as to what your legal recourse is.


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