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lawyerJ, Lawyer
Category: Family Law
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Experience:  Attorney
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We live in Florida. Our daughter was married and has a 5

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We live in Florida. Our daughter was married and has a 5 year old. My daughter is in drug rehab and the father refuses to allow us any visitation for that reason. Before this started our grandchild was with us every weekend.
JA: Has anything been filed or reported?
Customer: .He went to court to take parental rights away from daughter. The judge ordered Temporary sole custody to him. She can have visitation if approved by him, he said no way. Additionally she may speak with her on phone but he refuses. He refuses any contact with child by anyone I our family. Also when he went to court he lied, as did his uncle and aunt stating the my daughter never exercised her visitation rights. She did,every weekend
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Anything else you want the lawyer to know before I connect you?
Customer: We want to see our grandchild and the mother should be able to talk to her on phone. After rehab we can file petition to get this ruling changed

Hi there. My name is ***** ***** I'm a licensed attorney. I'm reviewing your question and will respond shortly. Please note that all information is for educational purposes only.

Unfortunately, Florida has very limited rights when it comes to grandparent visitation. Florida only allows grandparents to petition for visitation rights under only three circumstances: when the parents are: (1) deceased, (2) missing (for at least 90 days), or (3) in a persistent vegetative state. The petition may also be filed if only one parent meets one of the above criteria, but only if the other parent has been convicted of a felony or an offense of violence evincing behavior posing a substantial threat of harm to the minor child’s health or welfare. It doesn't seem like these situations apply, so it would be extremely difficult for you to petition for visitation if the father is refusing. I wish I had better news in this department -- almost every other state permits grandparents to petition for visitation.

However, if the Court ordered that the your daughter has the right to speak with her daughter on the phone and the father is blocking that ability, there is a recourse. The mother can file a motion with the court stating that the father is disobeying the Court's order by not permitting her to speak with her daughter via the phone. If she needs help drafting that motion, here is a list of attorneys in Florida who will assist for no charge.

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