Legal Question in Family Law in Florida

Help please! In regards to granparent visitation in Florida.

My daughter is 27 months old. I live

in Florida. The father is on trial for

an open count of murder, his rights

are going to be terminated. We

were never married. Grandparents

want visitation rights, and I have

reason to believe this will be

damaging to my child give the

granparent's home environment,

and history of violence. How can I

stop grandparent rights (which do

exist in Florida when a child was

born out of wedlock)? If I cant stop

them do I have the right to make

sure they are supervised only? If I

move what happens to the

visitation rights? If I get married

what happens with the rights?


Asked on 6/02/09, 5:29 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Help please! In regards to granparent visitation in Florida.

There are no grandparents' rights in Florida. Only the parents can give grandparents visitation. Once the father's rights are terminated, it will up to you to decide if his parents have any rights.

Many grandparents file lawsuits to get "substitute" visitation on behalf of the father. Be ready for this. I've faced--and defeated--many of these lawsuits. Florida law is clear: grandparents get no rights unless you, the parent, give rights to them.

If you move, nothing changes except that, if you move to a new state, check to see whether you are moving to a state that has grandparents' rights. Most do. The law may be very different in another state.

If you get married, nothing changes as far as Florida law is concerned. You still have complete control over your daughter unless your new husband adopts her.

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Answered on 6/02/09, 5:41 pm


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