Legal Question in Family Law in Florida

Re: Definition of ''liberal'' in visitation order

Liberal visitation have generally been left up to the definition employed by the parties in an individual matter. The Courts generally have not gotten involved unless the parties are unable to agree upon its definition in everyday terms. If the parties cannot agree the court can structure visitation rights so that both parties have a strict understanding of when visitation is appropriate.

Grandparents rights have been on a "roller coaster" ride in the State of Florida over the last ten (10) years. The Courts have wrestled with the rights of the grandparents versus the constitutional rights of the parents in raising their child(ren) in the manner they see fit. Florida Statute 61.13 Custody and support of children; visitation rights; power of court in making orders. states in subsection 4. (c) When a custodial parent refuses to honor a noncustodial parent's or grandparent's visitation rights without proper cause, the court shall, after calculating the amount of visitation improperly denied, award the noncustodial parent or grandparent a sufficient amount of extra visitation to compensate the noncustodial parent or grandparent, which visitation shall be

ordered as expeditiously as possible in a manner consistent with the best interests of the child and scheduled in a manner that is convenient for the person deprived of visitation. In ordering any makeup visitation, the court shall schedule such visitation in a manner that is consistent with the best interests of the child or children and that is convenient for the noncustodial parent or grandparent. In addition, the court:

1. May order the custodial parent to pay reasonable court costs and attorney's fees incurred by the noncustodial parent or grandparent to enforce their visitation rights or make up improperly denied visitation;

2. May order the custodial parent to attend the parenting course approved by the judicial circuit;

3. May order the custodial parent to do community service if the order will not interfere with the welfare of the child;

4. May order the custodial parent to have the financial burden of promoting frequent and continuing contact when the custodial parent and child reside further than 60 miles from the noncustodial parent;

5. May award custody, rotating custody, or primary residence to the noncustodial parent, upon the request of the noncustodial parent, if the award is in the best interests of the child; or

6. May impose any other reasonable sanction as a result of noncompliance.

(See part 2 to follow)7

Re: Definition of ''liberal'' in visitation order

Part 2.

(d) A person who violates this subsection may be punished by contempt of court or other remedies as the court deems appropriate.

Section (6) states "In any proceeding under this section, the court may not deny shared parental responsibility, custody, or visitation rights to a parent or grandparent solely because that parent or grandparent is or is believed to be infected with human immunodeficiency virus; but the court may condition such rights upon the parent's or grandparent's agreement to observe measures approved by the Centers for Disease Control and Prevention of the United States Public Health Service or by the Department of Health for preventing the spread of human immunodeficiency virus to the child.

Section may be important to your situation, "In any case where the child is actually residing with a grandparent in a stable relationship, whether the court has awarded custody to the grandparent or not, the court may recognize the grandparents as having the same standing as parents for evaluating what custody arrangements are in the best interest of the child.

A number of recent court cases have seriously eroded grandparents' rights in child visitation matters. The Florida Legislature has seen fit to reinstate some of the grandparents' rights in the recent legislative session in enacting Chapter 2 of 2001 which amended 61.03 and states in part 2 (c) c. The court may award the grandparents visitation rights with a minor child if it is in the child's best interest. Grandparents have legal standing to seek judicial enforcement of such an award. This section does not require that grandparents be made parties or given notice of dissolution pleadings or proceedings, nor do grandparents have legal standing as "contestants" as defined in � 61.1306. A court may not

order that a child be kept within the state or jurisdiction of the court solely for the purpose of permitting visitation by the grandparents.

This a very serious legal matter. I strongly suggest that you consult with a competent attorney with experience in family law and in particular, grandparents' rights to more fully address your individual situation.

Scott R. Jay, Esq. 305-249-8000