Legal Question in Family Law in Florida

Re: grand parent rights

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further. Similar questions like this have been asked repeatedly.

Florida courts in recent caselaw have severely limited the rights of grandparents in regards to a grandchild. The Courts have stricken down the laws which granted visitation rights and other rights to a grandparent in favor of the natural parent except under certain conditions. A number of statutory provisions for grandparents' rights have been held unconstitutional because they intrude on a parent's right to privacy without a showing of a compelling interest in preventing demonstrable harm to the child.

Basically, the Courts have held that the rights of the natural parents are paramount and unless there is an overriding state interest then the state cannot interfere with the rights of parents in the raising of their child. With a more conservative president and governor and soon to be judiciary, this trend is most likely to continue for the immediate future. The only possible exception would be if the grandparents can prove beyond any doubt that it would be in the best interests of the child and there would be irreparable harm if the child was denied visitation by the grandparent(s).

The law is constantly changing in this field and could again reverse itself. I strongly suggest that you review the particulars of your situation with an experienced family law attorney.

Scott R. Jay, Esq.