Legal Question in Family Law in Florida

Re: grandparent rights

Based on the information provided, you likely have a right to see your grandson and your son also has visitation rights. He should assert those rights, if they were not provided in the order which provided for support, if any, by petitioning the court to set visitation rights and also to grant grandparent rights. You could take legal action yourself since the child was born out of wedlock, but both visitation issues should be addressed together. The court should award visitation in the best interests of the child. You are advised to consult with a local family law attorney who can assist you with legal options and procedure.

Re: grandparent rights

Recent caselaw has severely 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 other rights to a grandparent in favor of the natural parent 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 then 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 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 stronly suggest that you review the particulars of your situation with an experienced family law attorney.

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