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  1. #1
    Join Date
    Oct 2010
    Location
    Port St. Lucie florida
    Posts
    10

    Exclamation Grandparents Visitation, Best Interest of the Child

    My question involves grandparents rights in the State of: FL and ME

    My son and I reside in Florida, have since he was 4 months old. Paternity is not yet established, although we should be recieving our family court date soon in Maine which is where he filed for parental responsibilty. He is currently in jail in Maine for dealing drugs. His mother has been making noises about suing for visitation. Would she have to file in Florida where the child resides, or in Maine? I would like to deny her visitation as she has allowed her son (my childs father) and her stepson to inject drugs in her house, has supplied drugs to her son, done drugs with her son in my presence, and is constantly high or drunk. She has not seen my son since he was 4 months old. She is not currently allowed to contact us due to a protection from abuse order I have against her son. What are her chances for recieving any type of legal visitation?? Thank you for all your help in advance...I'm quite torn up over the thought of dealing with HER now.

  2. #2
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: Grandparents Visitation, Multiple States, Best Int. of Child

    Because you and your child's father are not living together, there is a chance that the paternal grandmother could obtain visitations. Whether they are legally ordered or due to proximity is probably the more pertinent question. As it is right now, Grandma does not have a relationship with your child, so obtaining legal rights is a difficult to impossible feat. However, once paternity is established, I assume that the dad will petition for visitation rights, and if he allows his mom to be present at those visitations, where she can establish a relationship...

    Regarding the jurisdiction - where grandma would have to file - My bet is that it would be in Florida.

    On a related note, I am curious as to why you consented to allow ME to exercise jurisdiction over your case. How long have you lived in Fl.? How old was your child when the father filed for paternity? It seems to me that as a resident of Fl., Florida should have jurisdiction over paternity, child support, and future visitation plans. Typically, the state in which the child resides is the one that exercises jurisdiction, so, if I'm not prying too much, I was wondering why this isn't true in your case.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Grandparents Visitation, Multiple States, Best Int. of Child

    If Dad is in jail, why does the POA prevent the grandmother from contacting you?

    Incidentally if FL does have jurisdiction, grandma has no chance - whatsoever - of obtaining visitation against your wishes. If Maine has jurisdiction, grandma has slim-to-no chance. She would have to prove that not visiting the child would be harmful to the child AND that there is an already-established relationship.

  4. #4
    Join Date
    Oct 2010
    Location
    Port St. Lucie florida
    Posts
    10

    Default Re: Grandparents Visitation, Multiple States, Best Int. of Child

    Just a little bit of background to answer your questions. I have been in Florida for 2 months now. Left when my son was 4 months after hiding from his father in a domestic violence shelter. It is in the agreement of our POA that no member of his family is to contact me or my child aside from paternal grandfather until requirements of anger management and substance abuse counseling are met by father of child. His family supports and enables his bad behavior, so I refused to reward that. It is in the order. He filed for paternity in September, but I was served in Florida mid October. Should I try to file for change of venue to Florida when I eventually recieve a court date for family court in Maine? The childs father also JUST got arrested on 10-19-10..so I am unsure how long he will be in jail. I do know that since he is on probation out of Florida, that his probation officer is requesting extradition for a court date in Florida for probation violations and nonpayment of monies in his case down here. Whether that will happen after jail time for his recent drug charge...I'm still not sure as it just happened. The 2 year POA order also states that I only agree to supervised vistitation of father and child,(post counseling) so Grandma being present during his time really isn't an option. Does this help? Thanks so much.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Grandparents Visitation, Multiple States, Best Int. of Child

    OK, so Maine actually has jurisdiction, not Florida. You haven't been in FL long enough to establish residency (for custody/paternity purposes).

    Honestly? Let grandma file whatever it is she wants to file. It will likely be a futile and expensive lesson for her. If you do ever get served with a GPV suit, please come back and let us know.

    Practical advice:

    If you're truly against this, do NOT agree to mediation, do NOT agree to anything if you're actually ordered into mediation. Not one darned thing. Let a judge decide the case based upon merit. If you actually agree to grandma having visitation and it becomes ordered, it will be extremely difficult to get it overturned in the future. Make grandma prove her case!

  6. #6
    Join Date
    Oct 2010
    Location
    Port St. Lucie florida
    Posts
    10

    Default Re: Grandparents Visitation, Multiple States, Best Int. of Child

    Thank you so much. That is a load off my shoulders. Am I correct in assuming that she cannot even file for this until after paternity through her son is proven? He is not on the birth certificate, there is no father listed.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Grandparents Visitation, Multiple States, Best Int. of Child

    That's right, yes.

    Paternity would need to be legally established before she'd even have standing. I honestly cannot see her prevailing in a GPV suit against you unless you don't turn up to the hearings and she gets visitation ordered by default.

    Good luck - don't let her (or anyone else) bully you into anything, and again do come back if you're actually served with something!

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