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Grandparent rights

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rm1759

Member
What is the name of your state? FL

My daughter (8) lives with her mother, Grandmother and step-grandfather. She is 8. I have Joint Legal custoday and am the secondary residential parent. My relationship with mother & grandmother has not been good, I have to fight for my parenting time with her (eow, alternating holidays, 2 weeks in summer).

Mother is sick (possibly terminal). I have been told by the mother and the grandmother that if something were to happen to her, that they have "fixed it" so that her mother would have custody, and I would continue to "enjoy my current visitation schedule". They refuse to tell me how they have "fixed it".

Of course, this would be the worst thing that could happen to my daughter, but if the situation does come up would I face a nasty court battle just to get custody of my daughter?

If I do get custody, would she be able to get visitation rights? I would want my daughter to continue to have a relationship with her, but I would like to make the decisions of when and how often so I can plan for her activities and our own family events. I realize grandma could file, but I was wondering if Troxel would have an impact on this case, my daughter was born out of wedlock.

My attorney has said that I would get custody automatically, and that if they have tried to establish a guardianship - it's not legal in florida unless I agree and sign it.
 


stealth2

Under the Radar Member
It would be unlikely that they'd be able to get custody instead of you. But visitation might be another story, especially since your daughter has lived with them.
 

rm1759

Member
Thanks for the reply Stealth, what kind of visitation would I be looking at? eow and alternating holidays, or the 1 night a month like I have seen in other threads. Of course I would want her to see her more than once a month, but eow would be a different matter altogether...
 

LdiJ

Senior Member
Actually, if Florida has jurisdiction then it would be nearly impossible for the grandparents to get ANY kind of court ordered visitation. The Florida Supreme Court has ruled on this issue over and over and over again. Grandparents basically have no rights whatsover in Florida.
 

BelizeBreeze

Senior Member
Stealth is correct. In the event of your ex's death, the child is automatically in your custody. Granny is blowing smoke.

ANY such agreement, either with or without the court's approval, is void unless you have agreed to it. Which, I will assume, you have not.

As for granparents getting visitation, they can FILE for visitation, however, there are all kinds of conditions they would have to meet in the statutes before their case would or could go forward.
 

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