Grandparents rights in Florida

[Lele316]

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

I was wondering, after me and my husband have our divorce finalized and all I believe his mother will then take us to court for grandparents rights. (she has stated if she needs to take us both she will) My husband lives in upstate NY and his mom in Staten Island NY if that matters. Let me just say I have no problem with my daughter speaking and seeing any of his family I have always been the one to bring her to them anytime I could even on holidays whether my husband was working and even since we have been separated. I was just wondering if she did what type of visitation could she try to get, wouldn't the courts just assume she has to see her during Daddy's time with her? Just wondering, thank you for anyone who could help

 

[ecmst12]

Does she have a LOT of extra money that she has nothing better to do with? If not I wouldn't even spend a minute worrying about getting sued by her.

 

[latigo]

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

I was wondering, after me and my husband have our divorce finalized and all I believe his mother will then take us to court for grandparents rights. (she has stated if she needs to take us both she will) My husband lives in upstate NY and his mom in Staten Island NY if that matters. Let me just say I have no problem with my daughter speaking and seeing any of his family I have always been the one to bring her to them anytime I could even on holidays whether my husband was working and even since we have been separated. I was just wondering if she did what type of visitation could she try to get, wouldn't the courts just assume she has to see her during Daddy's time with her? Just wondering, thank you for anyone who could help

Florida’s laws on the subject are such that no grandparent visitation can be granted while the parents are legally married.

But once you are divorced from the father those laws state that upon the filing of a petition the court SHALL grant reasonable visitation, provided that the court determines such access is in the best interests of the child or children.

There are a number of factors that the court must consider in finding whether or not it is in the grandchildren’s best interests. You will find them enumerated in Section 752.01 of the Florida Statutes.

As to how frequent and the duration of visitation, it is question of reasonableness, which lies in the discretion of the court.

Also it is the declared public policy of Florida that that there should be an attempt to resolve differences over such access. In fact upon the filing of a petition - and where those services are available to the circuit court – the judge must order the parent and petitioning grandparent to participate in the mediation process prior to taking evidence on the merits of the petition. Such mediation is governed by rules “promulgated by the Florida Supreme Court”. (F.S. 752.015)

 

[LdiJ]

Florida’s laws on the subject are such that no grandparent visitation can be granted while the parents are legally married.

But once you are divorced from the father those laws state that upon the filing of a petition the court SHALL grant reasonable visitation, provided that the court determines such access is in the best interests of the child or children.

There are a number of factors that the court must consider in finding whether or not it is in the grandchildren’s best interests. You will find them enumerated in Section 752.01 of the Florida Statutes.

As to how frequent and the duration of visitation, it is question of reasonableness, which lies in the discretion of the court.

Also it is the declared public policy of Florida that that there should be an attempt to resolve differences over such access. In fact upon the filing of a petition - and where those services are available to the circuit court – the judge must order the parent and petitioning grandparent to participate in the mediation process prior to taking evidence on the merits of the petition. Such mediation is governed by rules “promulgated by the Florida Supreme Court”. (F.S. 752.015)

While those laws are still on the books in FL, they were actually completely shut down by the Florida Supreme Court in a series of cases that took place in the late 1990's and early 2000's, prior to the USSC decision in Troxel vs Granville. Case law since that time has not changed anything. The FL legislation has attempted to write new legislation since then but nothing has ever been passed. Therefore if FL has jurisdiction of the case, the grandparents are SOL.

 

[TinkerBelleLuvr]

I take it that you and the child now live in Florida and dad lives in New York. Which state has jurisdiction? For how long? What efforts has the grandmother made NOW to visit with the child? What is their relationship?

 

[Lele316]

Florida has jurisdiction since it was established in July. Grandma has made no efforts at any time to visit or see my daughter, not since I live in Florida or previously. I always was the one to bring her to them and everything. Their relationship is/was just over the telephone. My daughter has not spoken to her grandmother for about 2 months due to them not calling and when I have tried to call so she can speak with her and the rest of the family they don't answer or phones don't have minutes available. My husband family with the exception of his sister and her husband have not seen my daughter since Christmas eve when I brought her to their house to spend the holiday with them. His sister and husband came to Florida in August to visit with my daughter for a few days.
To answer the question money, no she doesn't have alot of money to use for anything her her husband and their son (not my husband) who lives with them are all on disability. I'm not really worried about them eventually suing for visitation, I want my daughter to be a part of their lives just was curious what the normal schedule should they do that was, but thanks for everyones answers. i had heard that Florida doesnt really do Grandparents visitation but wasnt sure.

 

[Proserpina]

Florida has jurisdiction since it was established in July. Grandma has made no efforts at any time to visit or see my daughter, not since I live in Florida or previously. I always was the one to bring her to them and everything. Their relationship is/was just over the telephone. My daughter has not spoken to her grandmother for about 2 months due to them not calling and when I have tried to call so she can speak with her and the rest of the family they don't answer or phones don't have minutes available. My husband family with the exception of his sister and her husband have not seen my daughter since Christmas eve when I brought her to their house to spend the holiday with them. His sister and husband came to Florida in August to visit with my daughter for a few days.
To answer the question money, no she doesn't have alot of money to use for anything her her husband and their son (not my husband) who lives with them are all on disability. I'm not really worried about them eventually suing for visitation, I want my daughter to be a part of their lives just was curious what the normal schedule should they do that was, but thanks for everyones answers. i had heard that Florida doesnt really do Grandparents visitation but wasnt sure.

LdiJ is absolutely correct - winning a GP visitation suit in FL is virtually impossible, according to case law.

Fear not

 

[Lele316]

OK Thank You everyone!

 

[latigo]

OK Thank You everyone!

Please ignore the rubbish posted by LdiJ and Proserpina. Neither possesses any legal credentials. And it is quite apparent that neither has read Troxel vs. Granville nor Florida’s current laws pertaining to grandparent’s access.

Furthermore, the Washington statute (RCW 26.10.160(3) that was found unconstitutional by the United States Supreme Court decision in Troxel vs. Granville WAS NOT A SPECIFIC GRANDPARENT’S VISITATION STATUTE!

It permitted “ANY PERSON“ to petition the court for visitation rights with minor children at “ANY TIME” without “regard to relationship to the child, without regard to changed circumstances and without regard to harm”.

Also, the state court was allowed to grant such visitation - again to any third person - “whenever visitation may serve the best interests of the child”.

Because the statute effectively permitted “any third party seeking visitation to subject any decision by the parent concerning visitation to state court review”. And because it failed to accord the parent’s decision concerning visitation any “deference, presumption of validity or weight whatsoever”, (pp. 71-72) the court struck it down as depriving the parent of a property right without due process of law.

AND CONTRARY TO LdiJ’s statement that nothing has been passed into Florida law subsequent to Troxel and the Florida case of Belair v. Drew, 776 So. 2d 1105 Fla. Dist. Ct. App. (2001) which held Florida’s then current grandparent visitation to violate the state’s constitutional on grounds of due process –

The Florida legislature did in deed rework its then current statutes on grandparent’s visitation by adopting in 2009 that state’s present DOMESTIC RELATIONS ACT. (Fla. Stat. Ann. § 752.01 (2009).

The Florida statutes that I earlier summarized are contained in that Act, which, to my knowledge, have yet to be challenged on constitutional grounds.

Also, these current Florida laws are a far cry from those struck down in Troxel which gave little or no deference to the parent's decision and imposed no guidelines in determining the best interests issue.

 

[ecmst12]

Why don't you find a recent case in FL where a grandparent was awarded visitation with a grandchild?

 

[Proserpina]

Please ignore the rubbish posted by LdiJ and Proserpina. Neither possesses any legal credentials. And it is quite apparent that neither has read Troxel vs. Granville nor Florida’s current laws pertaining to grandparent’s access.

Furthermore, the Washington statute (RCW 26.10.160(3) that was found unconstitutional by the United States Supreme Court decision in Troxel vs. Granville WAS NOT A SPECIFIC GRANDPARENT’S VISITATION STATUTE!

It permitted “ANY PERSON“ to petition the court for visitation rights with minor children at “ANY TIME” without “regard to relationship to the child, without regard to changed circumstances and without regard to harm”.

Also, the state court was allowed to grant such visitation - again to any third person - “whenever visitation may serve the best interests of the child”.

Because the statute effectively permitted “any third party seeking visitation to subject any decision by the parent concerning visitation to state court review”. And because it failed to accord the parent’s decision concerning visitation any “deference, presumption of validity or weight whatsoever”, (pp. 71-72) the court struck it down as depriving the parent of a property right without due process of law.

AND CONTRARY TO LdiJ’s statement that nothing has been passed into Florida law subsequent to Troxel and the Florida case of Belair v. Drew, 776 So. 2d 1105 Fla. Dist. Ct. App. (2001) which held Florida’s then current grandparent visitation to violate the state’s constitutional on grounds of due process –

The Florida legislature did in deed rework its then current statutes on grandparent’s visitation by adopting in 2009 that state’s present DOMESTIC RELATIONS ACT. (Fla. Stat. Ann. § 752.01 (2009).

The Florida statutes that I earlier summarized are contained in that Act, which, to my knowledge, have yet to be challenged on constitutional grounds.

Also, these current Florida laws are a far cry from those struck down in Troxel which gave little or no deference to the parent's decision and imposed no guidelines in determining the best interests issue.

Really, latigo - you have NO idea about GPV in Florida. That is painfully obvious. Drop it. Don't make yourself look any worse.

 

[Proserpina]

Why don't you find a recent case in FL where a grandparent was awarded visitation with a grandchild?

That would be lovely, wouldn't it?

 

[I'mTheFather]

I would like to know how the reworking of the Act in 2009 benefitted those seeking GPV. From what I can find, it seems to have done the opposite.

 

[RRevak]

Sorry Lat i'm with everyone else. With experience on this issue with personal family members, after consulting with MULTIPLE family law attorneys here in sunny FL I can say with absolute certainty that even in the instance with divorced parents (such as the case with my familys' situation) GPV is virtually NON existent. In fact, without EXTREME circumstances, those i'm familiar with were told its best not to even try. OP shouldn't lose a lot of sleep on this one.

 

[Lele316]

Thank you everyone
Just wanted to mention I'm not losing sleep over this issue I want my daughter to have time with the rest of her family, I was just under the impression that she would get that time during his visits with her. Especially since in our parenting agreement he is getting most of her time when she isn't in school with the exception of a week and a half.