Legal Question in Family Law in Florida

Re: Which are the grandparent rights for grandaughters visitation?

Recent caselaw has severely limited the rights of grandparents in regards to a grandchild. The Courts have stricken down the laws which granted visitation rights and others to grandparents except under certain conditions.

Basically, the Courts have held that the rights of the natural parents are paramount and unless there is an overriding state interest that the state cannot interfere with the rights of parents in the raising of their child. With a more conservative president and soon to be judiciary, this trend is most likely to follow for some time. The only possible exception would be if the grandparents can prove without any doubt that it would be in the best interests of the child and there would be irreparable harm if the child was not allowed to be visited by the grandparent(s).

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