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Grandparents Legal Rights in the State of Florida

By Dahloan Hembree, published Sep 04, 2007
Published Content: 341  Total Views: 293,503  Favorited By: 55 CPs
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Recently, my son's ex wife took our five year old grand daughter out of state to live. I began to investigate if we as grandparents have any rights as far as visitation or if we have any say about our ex daughter-in-law taking our grand daughter out of state.

About six months ago, our son informed us that his ex wife was going to take our grand daughter to North Carolina to live. The ex was engaged to get marry to a man from the state. My son has joint custody but when the divorce took place, it was done through a paralegal who did not word the legal jargon correctly. There is no statement as to whether or not the Mother can move out of state with the child. This issue was not foreseen, as the Mother was born in and raised in our state of Florida. Who would have thought she would move to another state? Also, the paperwork asserts our son gets liberal visitation. That is it. It doesn't state every other weekend, or holidays. It merely says liberal.

We then contacted an attorney to try to block his ex wife's move to North Carolina. The attorney stated all our son could do was file a motion to amend the paperwork. We were informed this could take months or maybe up to a year. Once the motion is filed, if the ex does not come back to the court case, all the state can do is hope she is stopped for a traffic violation and she will be taken in for a bench warrant or a failure to appear in court. Bottom line is, our son is doing it correctly this time by hiring an attorney. He wants the paperwork to be specific this time around.

So where does that leave us as grandparents? I realize my son is missing his daughter, but I am missing a granddaughter that we often babysat and had over for the night. Our relationship is more than that of a grand daughter and a grand parent. We are very close to her.

Takeaways
  • Granparent rights in the state of Florida
Did You Know?
Grandparents do have legal rights in the state of Florida
Comments
Comments 1 - 14 of 14
 
 
Shouldn't we all be contacting our law makers to change this? Our kids are suffering.

Posted on 10/31/2007 at 12:10:00 PM

 
I had a similar issue when my nephew's wife was taking their son and his stepson not just out of the state but back to her country. She refused to let me tell the boys goodbye thinking I would give my nephew her whereabouts. I had been like a grandmother to her son since he was 5 and saw their son "pop" out of her womb. She ended up going back to my nephew to give the marriage another try. But the pain in my heart that day was unbearable. I could only consol myself by saying that the boys would always remember me and the good times we shared. (Especially those times I took them away to spend the weekend when their parents were waring.)

Posted on 09/11/2007 at 2:09:00 PM

 
great article: imformative and personal. Lawyers can get quite expensive with their legal fees. But always remember to stay calm, collected and rational because sometimes in the "heat of the moment" our tempers and passionate feelings can make a situation worse. Like they say..."easier to get bees with honey than vinegar". Just have your son quietly, clearly and authoritatively demand what is his legal right as a father and you support him as his mother. Just dont lose hope..there is a solution to everything except death.

Posted on 09/08/2007 at 1:09:00 PM

 
Wow. I can't even imagine what I'd do if I couldn't see my grandchildren when I wanted to. I will keep you in my thoughts and prayers and sincerely hope things work out for you and your son.

Posted on 09/07/2007 at 1:09:00 PM

 
Very informative. Hopefully things will work out for you.

Posted on 09/06/2007 at 11:09:00 PM

 
I am so sorry you are going through this. Best wishes that it works out positively for your family. This article will surely help to inform others in this situation.

Posted on 09/05/2007 at 7:09:00 PM

 
I truly hope this works out for you and your son. This is such a sticky, tough situation to be in. Unfortunately, heartbreaking too.

Posted on 09/05/2007 at 9:09:00 AM

 
informative and I hope things all work out

Posted on 09/05/2007 at 7:09:00 AM

 
Custody issues are always tough.

Posted on 09/05/2007 at 7:09:00 AM

 
Hopefully all will work out.

Posted on 09/05/2007 at 6:09:00 AM

 
That's the legal system for you---only works for the rich. Poor people like us don't stand a chance.

Posted on 09/05/2007 at 12:09:00 AM

 
This was very informative. Good work.

Posted on 09/05/2007 at 12:09:00 AM

 
Be creative, you can stay in touch and keep your grandchild in your loving lives. Thanks fer sharin' your pain. ;-}}>

Posted on 09/04/2007 at 10:09:00 PM

 
Excellent info! This will help many people in this situation. I am so sorry you are missing your grand daughter right now. You, your son, and that precious grandchild are in my prayers. :-)

Posted on 09/04/2007 at 10:09:00 PM

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