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The biggest mistake in a custody battle is failing to prioritize the child's needs over personal conflicts. Financial disputes, emotional conflicts, or spiteful actions can detract from your focus. When seeking temporary custody to avoid CPS for grandparents, ensure your actions reflect the child's best interests. Always be prepared with clear, relevant information about your suitability as a caregiver.
In cases where grandparents seek custody, they must prove that the child's parents cannot care for the child or that the child is at risk of harm in the home. The court will consider similar factors as in visitation cases. However, the burden of proof is higher.
Grandparents in Georgia may get custody of children in certain situations. The most obvious reason courts grant custody to grandparents is the incapacity of the biological parents. This incapacity may be caused by a range of circumstances.
Grandparents can petition for custody if they can demonstrate that the child's parents are unfit. Situations may include substance abuse, neglect, or domestic violence. Established custodial environment.
To obtain custody, grandparents must file a petition with the juvenile court. The court will then investigate to determine if it's in the child's best interest to be placed with the grandparents. If the juvenile dependency court finds it is in the child's best interest, custody may be granted to the grandparents.
If a grandparent would like to file for temporary custody, they can fill out the Florida Temporary Guardianship Form with a professional attorney and submit it to the court. A grandparent can file an action requesting visitation only once during a 2-year period.