Need help clarifying GPV in FL...

[tkdmom]

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

I have been trying to find out what the most current law is on Grandparent Rights in Florida. I've seen that they can file for it, I've seen that parts of it have been overturned (intact families and when one parent dies), but I can't seem to find what the most current information is for divorced parents.

Quick history: I am divorced, father has only supervised visitation pending drug tests (hair follicle and urine), he has yet to produce passed tests to have visitation. No one is allowed in the supervised visitation with him either, even if he were to have it.

I have on a few occasions allowed his mother to come to FL and visit with our son, trying to be accomodating, but NEVER alone, because I do not trust her to be alone with him (and do not trust that she would not take him immediately to his father, violating the court order). I no longer wish to have these visits (or at least, not as often as she would like...I would be okay with accomodating 2 per year, since it sucks up my entire weekend), but am just trying to cover my bases when it comes to Grandparents Rights.

Does she have any rights? She only saw my son a couple times per year even when we lived closer, before her son and I divorced. I am not trying to completely cut her off, but would like to be able to limit her visitation to what works for my family and our schedule, without worrying that the gov't might come in and require me to allow her to visit more, or even worse, alone... (I have never allowed her to be alone with him, even while married to her son)

I appreciate any info about this!

 

[ecmst12]

You have complete control over who gets to spend time with your child (as long as you have sole custody). Grandma could probably FILE for visitation but it doesn't seem likely she would win. Does she have a neverending supply of money to pay a lawyer? If not, don't even give it a second thought.

 

[tkdmom]

I do have sole parental responsibility (FL-speak for sole legal and physical custody), and ex-MIL doesn't have an endless supply of money (she didn't even have money to get her son an attorney for the divorce/custody case), so that does make me feel better.

Thank you!

 

[LdiJ]

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

I have been trying to find out what the most current law is on Grandparent Rights in Florida. I've seen that they can file for it, I've seen that parts of it have been overturned (intact families and when one parent dies), but I can't seem to find what the most current information is for divorced parents.

Quick history: I am divorced, father has only supervised visitation pending drug tests (hair follicle and urine), he has yet to produce passed tests to have visitation. No one is allowed in the supervised visitation with him either, even if he were to have it.

I have on a few occasions allowed his mother to come to FL and visit with our son, trying to be accomodating, but NEVER alone, because I do not trust her to be alone with him (and do not trust that she would not take him immediately to his father, violating the court order). I no longer wish to have these visits (or at least, not as often as she would like...I would be okay with accomodating 2 per year, since it sucks up my entire weekend), but am just trying to cover my bases when it comes to Grandparents Rights.

Does she have any rights? She only saw my son a couple times per year even when we lived closer, before her son and I divorced. I am not trying to completely cut her off, but would like to be able to limit her visitation to what works for my family and our schedule, without worrying that the gov't might come in and require me to allow her to visit more, or even worse, alone... (I have never allowed her to be alone with him, even while married to her son)

I appreciate any info about this!

GPV is entirely gone in FL. There has been case law where divorced parents are concerned as well. About the only exception to that is in cases where the child is in state custody because both parents are either gone or unfit.

However, despite the fact that the FL Supreme court has ruled the statutes to be unconstititutional, they still appear on the books, which is why some people get confused as to whether or not GPV is possible in FL.