Can a father regain custody of his child from great grandparents? 3 Answers as of July 06, 2012

This is kind of long, I apologize. My boyfriend is still legally married and has a 5 year old son with this woman. They have been seperated for three years. He lives in PA and she lives in FL. The son lived with her in FL, and the father would visit him. In August 2011 the mother was arrested for 27 felony charges and sentenced to two years in prison. Her release date is August 2013. Right after the mother's grandparents were given temporary custody. The father has since been trying to get custody of his son and bring him here to PA. He had to do a home study, criminals checks, FBI checks, child abuse check, a physical, tb check, communicable disease check.. Etc. I also had to do all these things because I live with the father. Well we finally got everything done and passed. Now they have a court date set to see what happens next. However the grandparents no longer want to give up the boy. They asked if the father would be ok if he stayed with them for another year, close to the time the mother is supposed to be released from prison. The father is not happy with this and wants to get his son ASAP. They (grandparents) tell him they plan on fighting him in court to keep the boy. So I am just wondering what are our chances of winning this? Shouldnt the father have more rights then the child's great grandparents? My boyfriend truly loves his son and has done everything possible to get him. We are also concerned about the child being with the grandparents. They drink a lot, the grandmother yells at the grandfather constantly, and she has said a few times she can't handle taking care of him. They are both in their 80's and have health issues. I would appreciate any kind of information or light shed on this. Thank you!

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Robert J. Merlin, P.A.
Robert J. Merlin, P.A. | Robert J. Merlin
The great-grandparents should have no legal rights to the child. Your boyfriend has superior rights to them. This rule of law has been established by the US Supreme Court for many years. Your boyfriend should have an experienced attorney representing him. He should be able to convince the judge to let the child go with his father without much trouble.
Answer Applies to: Florida
Replied: 7/6/2012
R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
What you need to do is hire an attorney to handle this matter for you. There may have been one appointed by the court. The case law in Florida says that a natural parent has a god-given right to share in the growth and development of the child. When DCF gets involved, rights of parents frequently go out the window. Who is putting all of these requirements on you? You should not have to do anything like what you have already done. Get an attorney on your side quickly.
Answer Applies to: Florida
Replied: 7/6/2012
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Yes grandparents don't have superior rights to him. Unless the Court feels that living with him is not in the best interest of the child he should have no problem getting his son.
Answer Applies to: Florida
Replied: 7/6/2012
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