A child was abandoned @ the age of three by her mother... She never picked the child up and the grandparents have raised her in Fl. The child's mother has been absent for thirteen years due to heavy drug use. Can the mother now assume custody after thirteen years ? This child is very limited and is on medication. What type of legal rights does the grandparent have now that the grandmother has passed ? Can he still retain custody ?

Child abandonment does not mean that a parent walked out on their child. It means the child was left alone with no protection or care or supervision.

I seriously doubt that after 13 years the judge would find it in the best interest of the child to place the child with her mother again. More than likely the grandparents would indeed get custody after a lot of red tape and court work.

If there was never a change in the custody arrangement for the child then yes the mother can waltz in and take the child barring any court orders to the contrary. If the child is withheld from the mother then someone could be guilty of kidnapping. All of this should have been taken care of years ago. Who has been deducting the child on their taxes? Has there been any support from either parent? How is it that the system has failed in so many ways as to allow for this? School registration and medical over the past 13 years had to be handled by somebody. Was there any involvement of the mother at all ?

Has the Court system EVER been involved?

If the court has never been involved, for example if grandparents never went to court and got a order for guardianship or custody, then the mother still has legal custody over the child?
** also where is the father in all of this?**
But grandfather needs to go to court and get a order for guardianship and prove he has raised the child the last 13 years.