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I am 76 and have a 10 week old grand daughter, Alma. My daughter

will not answer text messages...
I am 76 and have a 10 week old grand daughter, Alma. My daughter will not answer text messages, e-mail or phone calls asking when she will bring Alma to visit. My daughter is probably upset because I have told her man, the baby's father (?) that when he shows up to leave his guns in the car and that if he can't do that, just don't show up. I do have guns but don' flaunt them. I do have a concealed carry permit but do not "carry" to someone Else's home. I am good enough to have cared for my daughter's dogs (3) and a cat for several months because where she lived, no animals were allowed. my position is; my house, my rules, her house, her rules but she won't discuss this. What to do? I would like to see Alma as she grows and maybe even see her grow up.
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Answered in 16 minutes by:
12/7/2012
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,885
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

You have a right to take the position of your house, your rules. However, the parents of the child have the right to decide who sees the child and who doesn't. Courts generally allow parents to determine who has visitation rights to their children. Thus, if your child doesn't agree to allow you to see the child, then it is very difficult for you to be able to force anything unless there is an established relationship with the child (which is not likely because the child is so young), or because one of the parents is deceased, etc.

Below is the statute that courts in Florida use do determine visitation for a grandparent:

752.01 Action by grandparent for right of visitation; when petition shall be granted.--
(1) The court shall, upon petition filed by a grandparent of a minor child, award reasonable rights of visitation to the grandparent with respect to the child when it is in the best interest of the minor child if:
(a) The marriage of the parents of the child has been dissolved;
(b) A parent of the child has deserted the child; or
(c) The minor child was born out of wedlock and not later determined to be a child born within wedlock as provided in s. 742.091.
(2) In determining the best interest of the minor child, the court shall consider:
(a) The willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents.
(b) The length and quality of the prior relationship between the child and the grandparent or grandparents.
(c) The preference of the child if the child is determined to be of sufficient maturity to express a preference.
(d) The mental and physical health of the child.
(e) The mental and physical health of the grandparent or grandparents.
(f) Such other factors as are necessary in the particular circumstances.
(3) This act does not provide for grandparental visitation rights for children placed for adoption under chapter 63 except as provided in s. 752.07 with respect to adoption by a stepparent.

As you can see, the grandparents right is very restrictive, and is limited to very specific situations. Thus, you are really going to have to work with the mother and father to be able to maintain visitation with the child.

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Customer reply replied 5 years ago

Much as I expected. It appears that I just will have to be patient until my daughter gets her A off her shoulders. Thank you, robert

Unfortunately, I think you're right. I hope that she realizes that what she's doing is detrimental to you and the child, and change her position.
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,885
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
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Category: Family Law
Satisfied Customers: 31,885
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