rights?

[newheart]

What is the name of your state (only U.S. law)? FL

My mother is not a very good person to put it lightly.

Does she have the right to go to court for grandparents rights in florida?

Are there such things in this state?

 

[Ohiogal]

What is the name of your state (only U.S. law)? FL

My mother is not a very good person to put it lightly.

Does she have the right to go to court for grandparents rights in florida?

Are there such things in this state?

Yes Florida has grandparent visitation rights. Here are some of the statutes:

Title XLIII. DOMESTIC RELATIONS

Chapter 752. GRANDPARENTAL VISITATION RIGHTS


Current through 2010 Special Session A Legislation

§ 752.01. Action by grandparent for right of visitation; when petition shall be granted


(1) The court shall, upon petition filed by a grandparent of a minor child, award reasonable rights of visitation to the grandparent with respect to the child when it is in the best interest of the minor child if:

(a) The marriage of the parents of the child has been dissolved;

(b) A parent of the child has deserted the child; or

(c) The minor child was born out of wedlock and not later determined to be a child born within wedlock as provided in s. 742.091.

(2) In determining the best interest of the minor child, the court shall consider:

(a) The willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents.

(b) The length and quality of the prior relationship between the child and the grandparent or grandparents.

(c) The preference of the child if the child is determined to be of sufficient maturity to express a preference.

(d) The mental and physical health of the child.

(e) The mental and physical health of the grandparent or grandparents.

(f) Such other factors as are necessary in the particular circumstances.

(3) This act does not provide for grandparental visitation rights for children placed for adoption under chapter 63 except as provided in s. 752.07 with respect to adoption by a stepparent.

History. s.1, ch. 84-64; s.70, ch. 87-226; s.6, ch. 90-273; s.1, ch. 93-279; s.2, ch. 2000-156.

and

Current through 2010 Special Session A Legislation

§ 752.015. Mediation of visitation disputes


It shall be the public policy of this state that families resolve differences over grandparent visitation within the family. It shall be the further public policy of this state that when families are unable to resolve differences relating to grandparent visitation that the family participate in any formal or informal mediation services that may be available. When families are unable to resolve differences relating to grandparent visitation and a petition is filed pursuant to s. 752.01, the court shall, if such services are available in the circuit, refer the case to family mediation in accordance with rules promulgated by the Supreme Court.

and

§ 752.07. Effect of adoption of child by stepparent on right of visitation; when right may be terminated


When there is a remarriage of one of the natural parents of a minor child for whom visitation rights may be or may have been granted to a grandparent pursuant to s. 752.01, any subsequent adoption by the stepparent will not terminate any grandparental rights. However, the court may determine that termination of such visitation rights is in the best interest of the child and rule accordingly, after affording the grandparent an opportunity to be heard.

History. s.1, ch. 84-64; s.8, ch. 90-273.

Agree to NOTHING if you are sued for visitation.

 

[Ohiogal]

Caselaw

Cranney v. Coronado, 920 So.2d 132 (Fla.App. 2 Dist. 2006)
Read this case as it has EXTREMELY good information for you.
The statute is above and still on the books but read the case.

And this case as well: Sullivan v. Sapp, 29 Fla. L. Weekly S15, 866 So.2d 28 (Fla. 2004)

 

[newheart]

Can i petition the courts for drug testing before any of this would take place?

 

[Zigner]

What is the name of your state (only U.S. law)? FL

My mother is not a very good person to put it lightly.

Does she have the right to go to court for grandparents rights in florida?

Are there such things in this state?

Were you married when the child was born?
Are you still married (to the same person)?
Is that person the legal father of the child?

If the answer to those three questions are: Yes, yes & yes, then the sections quoted don't apply.

 

[mistoffolees]

Can i petition the courts for drug testing before any of this would take place?

Drug testing who? What evidence is there that someone is using drugs and can you prove that the child is being harmed (it is not automatic that a parent loses their child if they use drugs. It is generally necessary to show that the child is being harmed).

As for getting an order, you really need to have justification. You can't just waltz into a court and say "the child's mother uses drugs, so please test her". What is the evidence?

It would be very helpful if you would lay out the situation including a summary of what's going on with BOTH parents and why you think that the kids need a different custody situation and/or why you think you should have visitation.

 

[Zigner]

Drug testing who? What evidence is there that someone is using drugs and can you prove that the child is being harmed (it is not automatic that a parent loses their child if they use drugs. It is generally necessary to show that the child is being harmed).

As for getting an order, you really need to have justification. You can't just waltz into a court and say "the child's mother uses drugs, so please test her". What is the evidence?

It would be very helpful if you would lay out the situation including a summary of what's going on with BOTH parents and why you think that the kids need a different custody situation and/or why you think you should have visitation.

Misto -

Read it again. This is MOM or DAD asking the question.

 

[newheart]

Were you married when the child was born?
Are you still married (to the same person)?
Is that person the legal father of the child?

If the answer to those three questions are: Yes, yes & yes, then the sections quoted don't apply.

no
no
yes

 

[Zigner]

no
no
yes

Based on that information, the information given by Ohiogal is on-point in your situation. I only posted the questions as a means of clarification.

 

[Ohiogal]

DID ANYONE READ THE CASELAW I POSTED?

Because it matters immensely -- more so than the statute because it deals DIRECTLY with the statute. You don't ask for drug testing at this juncture, OP.

Is there any relationship between the child and grandparents?
What provable harm is there that would befall the child without visitation with the grandparent?

READ the caselaw as it defines the statute. Please.

 

[mistoffolees]

Misto -

Read it again. This is MOM or DAD asking the question.

That changes the specifics, but not the gist of what I said. You don't just waltz into court and ask the judge to order drug testing. You have to show evidence that someone is abusing drugs and that it constitutes a risk to the child.

 

[Hot Topic]

I thought the U.S. Supreme Court ruled that grandparents didn't automatically have rights.

 

[Isis1]

I thought the U.S. Supreme Court ruled that grandparents didn't automatically have rights.

automatically, no. but it doesn't stop them from petitioning for rights for best interest of the child.

 

[Proserpina]

The Florida Supreme Court has, however, “consistently held all statutes that have attempted to compel visitation or custody with a grandparent based solely on the best interest of the child standard ․ to be unconstitutional.”  

http://caselaw.findlaw.com/fl-district-court-of-appeal/1474442.html


It's my understanding that as a general rule, grandparents in Florida have virtually no chance of obtaining visitation.

In fact, I'd go as far as saying that Florida is about on par with Washington in that aspect.

 

[LdiJ]

http://caselaw.findlaw.com/fl-district-court-of-appeal/1474442.html


It's my understanding that as a general rule, grandparents in Florida have virtually no chance of obtaining visitation.

In fact, I'd go as far as saying that Florida is about on par with Washington in that aspect.

That is correct. In fact, its even stronger in FL than it is in WA. GPV is literally dead in FL. There is a whole volume of case law in Florida, most of it actually pre-Troxel, that has completely struck down the Florida statutes. They are still on the books, but virtually every clause has been found unconstitutional by the FL Supreme court. This is not unconstitutional under the federal constitution, but unconstitutional under the Florida Constitution.

In fact, the case that OG cited clearly backs up that position. It was not an actual ruling on gpv, but a ruling to quash an order from a judge ordering that a parenting coordinator be appointed to help the parent and grandparent work out their differences. The order was quashed by the higher courts.