What is the standard for Child custody awards that are Temporary custody to maternal grandparents
Q: 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)
A: 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.
Custody Law
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
