can an uncle substitute time share while mother is in jail

[xrysto]

Jurisdiction

Florida

ongoing paternity case between estranged never married mother and father where there is court ordered equal time sharing but now mother is awaiting trial for 3rd degree felony fraud charges. can her brother (blood) assume her timeshare equity even if the father opposes (potentially) when historically the child has resided with the uncle whilst said mother was
elsewhere? i understand that in florida only the grandparents have custodial rights but have there been precedents outside of that technicality ?

 

[army judge]

In an ongoing legal dispute between PERSON 1 and PERSON 2, PERSON 3 lacks the legal basis/ability to tap herself/himself/itself into the aforementioned legal dispute between PERSON 1 and PERSON 2.

 

[adjusterjack]

The mother would have to get a court order changing the custody/visitation.

Without a court order, father gets the child while mother is in jail.

However, in order to be able to enforce his rights, he should petition the court for an official change in custody if the mother becomes incarcerated.

 

[Tax Counsel]

ongoing paternity case between estranged never married mother and father where there is court ordered equal time sharing but now mother is awaiting trial for 3rd degree felony fraud charges. can her brother (blood) assume her timeshare equity even if the father opposes (potentially) when historically the child has resided with the uncle whilst said mother was
elsewhere? i understand that in florida only the grandparents have custodial rights but have there been precedents outside of that technicality ?

Florida's law tes, is designed to comply with U.S. Supreme Court decisions regarding persons other than a parent seeking custody or visitation rights. Those Supreme Court opinions provide that in general it is the parents who have rights to custody/visitation and that the parents have the right to decide who else may spend time with the child, assuming the parents are not unfit to care for the child. If one parent ends up in prison that parent may be able to seek an order that allows her to see the child on her visitation time in prison. Typically, though, a court will not grant third party visitation over the objection of one or both parents. In order for the uncle to succeed, he'd have file a petition with the court and get a visitation order. Without that, the father is within his rights as a parent to refuse to grant the uncle time with the child. Getting that order may be an expensive and difficult battle to win. He'd want to meet with a Florida domestic relations attorney and have a detailed discussion about what options he has, how likely it is that he'd succeed, and how much the fight may end up costing him.

 

[zddoodah]

ongoing paternity case between estranged never married mother and father where there is court ordered equal time sharing but now mother is awaiting trial for 3rd degree felony fraud charges. can her brother (blood) assume her timeshare equity even if the father opposes (potentially) when historically the child has resided with the uncle whilst said mother was
elsewhere?

This is one of the more convoluted sentences I've read in a while. I think what you're saying is the following:

A paternity case is pending involving a man and a woman who were never married. The court has made some sort of provisional visitation order, the terms of which you didn't tell us. The mother has a pending criminal action pending. You didn't say whether she is incarcerated pending trial, but I guess we're supposed to assume that. You want to know whether the mother's visitation time can be transferred to her uncle (or the child's uncle/mother's brother?).

If I've correctly interpreted all that, the answer is no. Visitation rights are not transferable unless the order says so.

i understand that in florida only the grandparents have custodial rights

Not quite. Under Florida law, a grandparent is the only non-parent with standing to seek visitation with a child over the parents' objection.

have there been precedents outside of that technicality ?

Precedents for what? What "technicality"?