Posted by Nydia Streets of Streets Law in Florida Child Custody

Grandparents have very limited child custody rights in Florida. One scenario in which a grandparent may be able to obtain custody is via a petition for temporary custody by an extended relative. This was at issue in the case Lunsford v. Engle, 4D19-774 (Fla. 4th DCA January 22, 2020) in which a grandmother appealed a trial court’s denial of her petition for temporary custody based on another state exercising emergency jurisdiction over the child.

The child in this case was born in Florida and resided with his mother and his maternal grandmother for the first three months of his life. Subsequently, the mother left Florida with the child, accompanied by the child’s father. It was alleged that the father struck the mother while she was driving with the child in the backseat, causing a car accident. The state of Oregon then took custody of the child and initiated what would be similar to DCF proceedings in Florida against the parents. The child was eventually placed in foster care with his step-grandmother in Palm Beach County, Florida. Oregon declined to allow the maternal grandmother to foster the child because the mother resumed living with the maternal grandmother.

Sometime later, the mother stopped residing with the maternal grandmother and left again with the father of the child. At that time, the material grandmother petitioned a Florida court for temporary custody of the child. The grandmother argued Florida was the child’s home state and that Oregon only exercised temporary emergency jurisdiction, and she filed a motion for the Oregon and Florida courts to communicate. The grandmother’s motion regarding communication between the courts was granted, and a conversation was had between the judges in the two states. Ultimately it was decided that Oregon would retain jurisdiction.

Subsequently, Oregon moved to terminate the rights of both parents and place the child up for adoption. The maternal grandmother then filed a renewed petition in Florida seeking temporary custody and requesting that all orders entered by the Oregon court subsequent to her previous motions be disregarded since Florida was always the child’s home state. After these motions were denied, the grandmother appealed. In reversing the order and siding with the grandmother, the appellate court found Florida was the child’s home state and that Oregon only exercised temporary emergency jurisdiction which was completed at the time the grandmother filed her initial petition for temporary custody. The case was remanded for the Florida court to “(1) communicate to the Oregon court that the Florida court will be exercising initial custody jurisdiction over the child; (2) allow the parties to participate in this communication if they so request; (3) disregard any orders which the Oregon court entered after the Oregon court had completed its exercise of temporary emergency jurisdiction; and (4) begin its exercise of initial custody jurisdiction with the grandmother's verified petition for temporary custody.”

Grandparent custody rights in Florida are complicated and very likely need to be explained by a lawyer. If you need assistance with a similar situation, schedule a consultation with a Miami child custody lawyer to go over your case.