Grandparents rights in Florida

[melynda]

Im sorry you took my reply the wrong way. I did not meen to come across with an attitude. Sometimes it is hard to tell those things in writting. I was just frustrated. Everything I had written was clear as I can put it. If you have specific questions then just ask. All I have been wanting to know from the very beginning is, " What rights do grandparents have in Florida?" That is my question!

[Mr. Knowitall]

Florida's grandparents visitation statutes state,

752.001 Definitions.

For purposes of this chapter, the term "grandparent" shall include great-grandparent.

752.01 Action by grandparent for right of visitation; when petition shall be granted.

(1) The court shall, upon petition filed by a grandparent of a minor child, award reasonable rights of visitation to the grandparent with respect to the child when it is in the best interest of the minor child if:

(a) The marriage of the parents of the child has been dissolved;

(b) A parent of the child has deserted the child; or

(c) The minor child was born out of wedlock and not later determined to be a child born within wedlock as provided in s. 742.091.

(2) In determining the best interest of the minor child, the court shall consider:

(a) The willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents.

(b) The length and quality of the prior relationship between the child and the grandparent or grandparents.

(c) The preference of the child if the child is determined to be of sufficient maturity to express a preference.

(d) The mental and physical health of the child.

(e) The mental and physical health of the grandparent or grandparents.

(f) Such other factors as are necessary in the particular circumstances.

(3) This act does not provide for grandparental visitation rights for children placed for adoption under chapter 63 except as provided in s. 752.07 with respect to adoption by a stepparent.

752.015 Mediation of visitation disputes.

It shall be the public policy of this state that families resolve differences over grandparent visitation within the family. It shall be the further public policy of this state that when families are unable to resolve differences relating to grandparent visitation that the family participate in any formal or informal mediation services that may be available. When families are unable to resolve differences relating to grandparent visitation and a petition is filed pursuant to s. 752.01, the court shall, if such services are available in the circuit, refer the case to family mediation in accordance with rules promulgated by the Supreme Court.

752.02 Persons who must be served notice of petition; manner of service.

Notice of the filing of, and a copy of, the petition for grandparental visitation rights shall be served on the parents of the minor child in the manner prescribed by chapter 48.

752.07 Effect of adoption of child by stepparent on right of visitation; when right may be terminated.

When there is a remarriage of one of the natural parents of a minor child for whom visitation rights may be or may have been granted to a grandparent pursuant to s. 752.01, any subsequent adoption by the stepparent will not terminate any grandparental rights. However, the court may determine that termination of such visitation rights is in the best interest of the child and rule accordingly, after affording the grandparent an opportunity to be heard.

[mom24kids]

I would think to override a parent who has custody of the child, you will have to prove that the Father in unfit. I am not sure if you will get custody, but if you are a grandparent and not abusive and not controlling then I would think, you could apply for visitation rights.

[melynda]

Thank you for your responses.
Does anybody know how a maternal grandparent can fight for custody if the father, who has full custody, doesn't care about the child and when ever she is over there his mother takes care of her? The maternal gradparents once had guardianship before the father stepped in to claim custody. Thanks.

[Mr. Knowitall]

Anybody who fits the statutory criteria as listed above can attempt to gain grandparent visitation.

[melynda]

The maternal grandparents already have an arrangement with the father and his mother. The maternal grandparents have the child Monday-Friday and the paternal grandmother has her on the weekends.

It is not visitation that they are seeking. They are seeking how can they gain full custody.
The father has legal custody but he has no part in her caretakking.

[gypsyflame626]

I went through a similar situation a few years back except I was the mother fighting the grandmother and father... The grandmother got custody for a time mainly because I had no family support, but I have my children with me now. If I had been unfit or neglectful, I could have understood, so If you are taking care of the child most of the time, I can tell you that keeping a journal of EVERYTHING would definatly be in your best intrest. Photos of the way the child is dressed when you pick the child up, and reciepts of everything that you buy for the child showing the percent of support that you give. If all else fails, just remember, even though you don't have the "paperwork" you do have the child as much as you would if you had custody. The father would still be allowed his own visitation, which could be even more often than he has now... Do you really want to rock the boat over some paperwork and a little more "control"?

[melynda]

Thank you for your response. Keeping a journal is a very good idea.
It is not so much about the paperwork and wanting or having "control". It is about being able to schedule doctors appointments when necessary, itis about the child cutting back some on the travel back and forth which is hard on her (the two families live over an hour away from each other), it is about her being in an environment that is positive and uplifting compared to her being with a family that has all the wrong morals and values in life and way too much drama. It is about her being with the family she loves and who truly loves her back and It is about her getting the best provision. The paternal family is very deceitful.
Does anybody have any clue on how to go about starting to fight for custody?