What is the standard for Child custody awards that are Temporary custody to maternal grandparents: must apply clear and convincing standard required.
(best interests standard IS incorrect standard)
Child Custody Lawyer
The Court must use the applicable clear and convincing standard, when the court reviews evidence pursuant to Section 751.05 (3), Florida statutes (2008); if one of the minor child’s parents objects to the granting of temporary custody to a grandparent, the court shall grant the petition only upon a finding, by clear and convincing evidence, that the child’s parent or parents are unfit to provide the care and control of the child.
In determining that a parent is unfit, the court must find that the parent has abused, abandoned, or neglected the child, as defined by chapter 39.” See 34 Fla. L weekly D1088A
