Legal Question in Family Law in Florida

Grandaughter

Little history: Our son met a girl that was raised by her grandparents, they had a child, our grandaughter. Both are 20 years old and the little girl is now 3.

This past weekend the great grandparents, (mom's side) accused our son of sexually abusing his daughter. They did not report this to any agency, but told this to their grandaughter and threatened to take the little girl from them.

My wife and I took her to her pediatrician this morning, he said their are no signs of any type of abuse, sexual, physical or mental.

My question is what legally should I or can I do to protect our grandaughter from hearing these false accusations? How the grandparents came to raise our grandaughters mother was surrounded in similar circumstances.


Asked on 4/07/08, 7:30 pm

1 Answer from Attorneys

Brandon Kolb Kolb, Cintron, & Associates

Re: Grandaughter

First of all, you did the right thing for your granddaughter by having her examined. Regardless of how ridiculous such allegations may seem, they must always be taken seriously. However, your question as to what you should do to protect your granddaughter causes some concern. The more appropriate question is what should you son and daughter in-law do to protect their child from the hearing the allegations

As a parent of children in their 20's I understand your compulsion to take control of important and complicated parental issues; however, the child's parents need to establish that THEY are taking the allegations seriously. If the maternal great grandparent repeat the allegation to DCF, a very nasty investigation will be initiated and the question will be whether the PARENTS are fit, not whether the paternal grandparents responded appropriately.

The Mother should get a second medical opinion, as well as a psychological evaluation of the children before dismissing the allegations. I'm certain she would appreciate your support in these tasks, but if DCF gets involved, she is going to need to establish that she responded "appropriately" to the allegations. She should neither blindly stand by her man, nor should she be satisfied by the word of her husband's parents.

The Mother may even consider taking her grandparents with her to have the child examined to help satisfy them that she is taking the allegation seriously. Doing so may go far in preventing her grandparents from repeating unfounded allegations to DCF.

As far as protecting the child from hearing the disparaging claims of the great grandparents, your son and daughter should consider limiting the great grandparents' access to the children; particularly if the great grandparents are not satisfied with the exam you got for the child and an independant exam that they and the mother may get for the child. Grandparent rights in Florida are rather weak, and parents always have the ability to prevent what they consider to be harmful contacts for their children.

It would be a good idea for the parents to consult with an attorney on these issues. If they prevent contact with the great grandparents, the great grandparents may repeat their allegations to DCF. If that happens, DCF may take steps to "shelter" the children pending their investigation. That investigation would most likely challenge the parental rights of both parents. They should be ready for that.

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Answered on 4/08/08, 7:45 pm


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