Legal Question in Family Law in Florida
My "technically" step-grandson is 9 years-old (dob 2000). I have been married to his paternal grandmother since 1982 (when the 9 year-old's father, my stepson, was only 3 years-old).
A 2003 Court Judgment reads, "GRANDPARENTS' VISITATION: Should [the father] be unable to exercise any of his visitation as hereinabove set forth, then, and in that event, the paternal grandparents shall have the right to exercise [the father's] visitation."
To punish "the paternal grandparents" for the mother's erroneous belief that my wife "ratted her out" to Florida's DCF (3rd report in FL + min. of one in MS), the mother refuses the "paternal" grandparent visitation arguing that I am not a paternal grandparent. In the "eyes" of Florida Family Law, am I not a "paternal grandparent? Please reference any applicable Statute or Case Law?
1 Answer from Attorneys
You're not the "paternal grandparent," you're the "paternal step-grandparent," so a judge could not hold the mother in contempt for failing to give you visitation. Your wife, however, being the paternal grandmother, is entitled to visitation, and the mother could be held in contempt for refusing visitation to her.
There is no case law or statute that I'm aware of that's applicable to this situation (and I would almost certainly know if there was), but it seems like a pretty clear argument to me. The judgment should have been written in a clearer fashion, identifying step-grandparents, but it will suffice as far as your wife is concerned.
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