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joelaws8, Lawyer
Category: Family Law
Satisfied Customers: 390
Experience:  I can answer general family law questions regarding the family code and procedure.
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In the state of Florida. I have permanent guardianship over

Customer Question

In the state of Florida. I have permanent guardianship over my grandaughter age 3 through DCF for one year, had legal custody for 1 year prior.The only people listed on the court papers are the mother & father and there visits must be supervised by me.I have been letting a grandmother from alabama visit unsupervised for a year and a half every 2-3 mos.She has not been cooperative in terms of specific times that conflict with the other grandmother and mother.when she don't get her way I get ridiculed . so I stopped the visits , she is now threatening to take me to court.What are her chances of getting visitation in court?Also she is trying to get my daughter and her son to allow her to adopt my grandbaby, can she do that if they agree? thanks frank
Submitted: 3 years ago.
Category: Family Law
Expert:  joelaws8 replied 3 years ago.
Good evening and thank you for the question.

I am very sorry to hear that you are going through such a frustrating situation.

First off, let's talk jurisdiction. If she is going to take you to court, she will have to do it in Florida, in your county of residence (assuming that is the court that made the guardianship order). Therefore, she will have to fight on your home turf.

Secondly, the court will presume that you are making decisions that are in the best interest of the child. Therefore, in order to be granted visitation rights, the grandmother will have to show that it is in the child's best interest for her to have visitation with the child. You can just show that the grandmother's intrusions were very disruptive, etc.

Finally, as for the adoption, this would also have to occur in FL. If the parents consent, then she would have a good chance on having the adoption granted. As guardian however, the court may allow you argue against it. Also, the court would probably appoint an attorney to represent the interests of the child. If you could show that uprooting the child from your home would cause the emotional damage, then you would have a very good case to show that the adoption would not be in the best interest of the child.

I hope that answers your question! If so, please positively rate my answer. Experts only receive compensation for answers when the customer rates the answer. Rating my answer will NOT preclude you from asking follow up questions in the future, should any arise. In fact, if you rate my answer, your follow up questions will be my highest priority! If you would like any additional information or have more questions please don’t hesitate to ask!

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Thank you very much,
Expert:  joelaws8 replied 3 years ago.
Hello Frank,

I'm just following up with you to see how everything is going. Did my answer help?

Let me know,

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