Grandparents rights in Florida

[LdiJ]

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.

Even IF gpv wasn't dead in FL what you are thinking would be the norm. If both parents are active in the child's life, grandparents, and other family members are expected to visit with the child(ren) on the parent's time. It would be extremely rare/extreme circumstances for a judge to even consider awarding separate grandparent visitation rights if both parents are active in the child(ren)'s lives.

 

[latigo]

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

What an inane unprofessional question.

In legal writing case law is cited in support of a legal proposition being advanced by the author.

IT IS NOT A REQUIREMENT IN LEGAL WIRTING TO CITE CASE LAW UPHOLDING STATUTORY LAW!

And Chapter 752 of the Florida Statutes “GRANDPARENTAL VISITATION RIGHTS” is existing statutory law in that state

Furthermore were you such an authority on predicate facts as you recently purported to be (all mothers and fathers are presumed to be fit parents - yuck) you might be aware of one favoring the validity of all laws enacted by a legislative body.

“Until the presumption of their validity (is overcome) and the violation of the Constitution is proved beyond a reasonable doubt”. Ogden vs Sanders, United States Supreme Court, 20 L. ed. 287.

But it comforting to again find you in the ranks of some of the other more visible wannabes in this forum.

 

[latigo]

That would be lovely, wouldn't it?

The next time you choose to ride piggyback you might wish to check the history of the mount as one not having the propensity of getting mired in the mud.

 

[Lele316]

OK Thank You LD and everyone else!

 

[quincy]

latigo, I think it might be nice for you to apologize to LdiJ and Proserpina for your rudeness toward them. They both possess far more knowledge in this area of the law than you do. As for their legal credentials, I don't believe you have any so you are in no position to question theirs.

 

[ecmst12]

And we all know that every statute on every book in every state is always 100% enforced with no exceptions, eh? Right???

 

[TinkerBelleLuvr]

GPV ordered by the judges in Florida is rare. Yes, I actually KNOW folks who were awarded GPV, but it was extremely blatant behavior by the mother and maternal grandparents. Normal instances, particularly in this case since dad gets most of the non-school time, the GPs should be visiting on their son's time.

 

[Proserpina]

latigo, I think it might be nice for you to apologize to LdiJ and Proserpina for your rudeness toward them. They both possess far more knowledge in this area of the law than you do. As for their legal credentials, I don't believe you have any so you are in no position to question theirs.

Thanks, quincy

To reiterate, GPV in Florida isn't just unusual. It's extremely rare, and it happens only in very special circumstances. I would hazard that it's actually rarer than a 16 year old getting emancipated in Pennsylvania.

 

[LdiJ]

Thanks, quincy

To reiterate, GPV in Florida isn't just unusual. It's extremely rare, and it happens only in very special circumstances. I would hazard that it's actually rarer than a 16 year old getting emancipated in Pennsylvania.

Particularly since any parent who appealed a gpv award in FL would win. There is not a single bit of case law favoring grandparents since the late 1990's and if I remember correctly, some of the caselaw found various parts of the statute to be facially unconstitutional.

There were about 5 or 6 cases, over a two or three year period that did it. Basically now, about the only time when a grandparent could gain visitation would be in a case where neither parent had custody of the child.