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  1. #1
    Join Date
    Jun 2008
    Location
    ORL, FLA
    Posts
    7

    Default Denying Access To Grandparents

    My question involves grandparents rights in the State of: FLORIDA

    Well me and my child's father are NOT married as of yet. However, i do not like his mother && father- so i do not take my son over to their house. For one the mother smokes Marajuana && cigarettes in the house && around the other baby that resides there. The mother is always drunk or high- She has very impaired judgement and always is screaming and cursing at random people including me. Not to mention a big part of my dislike is the fact that my child's father told me that his parents were abusive to him as a young child. && they told him many stories of child abuse. NOT TO MENTION- they are getting evicted from their home and DCF has been already called to their home. DCF or department of children && family is over their house once a week. DCF Spies on them && looks through their house. Not to mention theres 3 bedrooms in the house and 7 people staying in the home including one infant.

    Does she have the right to take me to court and IF so what would she be fighting for? (Visitation of coarse- but will i have a better case of winning my case with bringing up the fact that she gets highs and drunk on a regular basis and has other issues??)

  2. #2
    panther10758 Guest

    Default Re: Denying Access To Grandparents

    She can take you to court and both sides can present evidence to support their view. Since last answer was removed I have reworded it

  3. #3
    Join Date
    Jun 2008
    Location
    ORL, FLA
    Posts
    7

    Default Re: Denying Access To Grandparents

    Would their be a likely chance for her to win??/

    And does she still have rights even though me and her son arent married???

  4. #4
    panther10758 Guest

    Default Re: Denying Access To Grandparents

    No one can say about your "chances" we are not odds makers. Cases are decide on evidence or lack of or applicable laws. Was paternity established? did Father sign Birth certificate?

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Denying Access To Grandparents

    Quote Quoting Blaque
    View Post
    And does she still have rights even though me and her son arent married???
    Not automatically.

    (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.
    From here.

  6. #6
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Denying Access To Grandparents

    Quote Quoting LawResearcherMissy
    View Post
    Not automatically.



    From here.
    Unfortunately, those statutes have been ruled as unconstitutional by the Florida supreme court.

    There are cases where grandparents have won the right to visitation, but they are very rare and under extreme circumstances. Nothing in OP's post indicates that the Grandparents would even have standing to file.

  7. #7
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Denying Access To Grandparents

    Quote Quoting Xena
    View Post
    Unfortunately, those statutes have been ruled as unconstitutional by the Florida supreme court.
    Thanks, Xena. I'll make a note in my GPV file.

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