Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

We live in Florida. Our daughter was married and has a 5…

We live in Florida...

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.

Lawyer's Assistant: Has anything been filed or reported?

.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

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

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

Show More
Show Less
Ask Your Own Family Law Question
Answered in 16 minutes by:
8/21/2017
lawyerJ
lawyerJ, Lawyer
Category: Family Law
Satisfied Customers: 177
Experience: Attorney
Verified

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.

Ask Your Own Family Law Question

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.

If I've fully answered your question, I'd appreciate a five-star rating. If not, please let me know how else I can assist.

lawyerJ
lawyerJ, Lawyer
Category: Family Law
Satisfied Customers: 177
Experience: Attorney
Verified
lawyerJ and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask lawyerJ Your Own Question
lawyerJ
lawyerJ
lawyerJ, Lawyer
Category: Family Law
Satisfied Customers: 177
177 Satisfied Customers
Experience: Attorney

lawyerJ is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My grandson was taken from my home. My daughter & my
My grandson was taken from my home. My daughter & my grandsons daddy are not married. They are both addicts & social services stepped in & now my grandson is with the daddy's sister. The only reason h… read more
fiftyshadesoflaw
fiftyshadesoflaw
Juris Doctor
110 satisfied customers
My daughter is a single Mom of two boys,(2&5) her ex is
My daughter is a single Mom of two boys,(2&5) her ex is father of both,8+ year relationship, most of the 8 years he was. in rehab,jail ,or high.He is an alcoholic and drug addict,for the past 5 years … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,617 satisfied customers
I would like to know what my rights are as a grandparent
I would like to know what my rights are as a grandparent that has lost her daughter. The parents were never married. Up until she died her little boy lived with her in our home. He was four and a half… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
My grandchildren are in the temporary guardianship of their
My grandchildren are in the temporary guardianship of their other grandparents. My daughter has been fighting an addiction problem for a few years now. She is in treatment in Florida right now and it … read more
LegalGems
LegalGems
Juris Doctorate
12,601 satisfied customers
My daughter will be 17 in 16 days. She wishes to be emancipated
My daughter will be 17 in 16 days. She wishes to be emancipated so that she does not have to visit her father or return to where he lives in AR. She lives in TN and has for over 6 months since he retu… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
My daughter and son-n-law are getting a divorce. My daughter
My daughter and son-n-law are getting a divorce. My daughter left her husband and her 2 sons and went to Houston. They both have drug problems, since my daughter left him, he is filing for divorce and… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,617 satisfied customers
Im currently in custody court right now, ive been in court
Im currently in custody court right now, ive been in court for almost 2 years now and forth.. My daughter father isn't living up to the custody agreement we have.. he shows up when he wants and is con… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
My daughter has granted me the custody of her 3.5yo son in
My daughter has granted me the custody of her 3.5yo son in a notarized statement. She has been in a drug rehab facility for over 3m, and can come home for a few hours weekly to visit him. The father (… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
If a child that has been in the custody of a mother for 13
If a child that has been in the custody of a mother for 13 yrs, even though without the father knowing due to living 4 hours away, the mother has been in rehab and the child was residing with her aunt… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
My daughter does not want to see her dad anymore for visitation.
My daughter does not want to see her dad anymore for visitation. This is soley her decision. She is 14 years old. There is a current order that she has to see him on Wednesday night and every other we… read more
LegalEase101
LegalEase101
Attorney
Juris Doctor
1,763 satisfied customers
We were asked by our ex-daughter in law to pay for childcare,
We were asked by our ex-daughter in law to pay for childcare, dr visits, and other child support while my son was in rehab and his child support was "tolled". The amount over the year was $2900. My so… read more
Meigs
Meigs
Attorney
Doctoral Degree
1,311 satisfied customers
Is there someone that could help me fill out temporary custody
Is there someone that could help me fill out temporary custody papers for free or low cost… read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
Visitation in Kansas -- My daughters husband choked her and
Visitation in Kansas -- My daughter's husband choked her and then went into their bedroom fired two shots toward their infants room and then shot himself in the head with a 45 caliber handgun. He live… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
This is in the state Of Kentucky, we (Aunt and Uncle) had temporary
This is in the state Of Kentucky, we (Aunt and Uncle) had temporary custody of our great neice since September 2008 and legal custody since March 2009, the grandmother of child has had many charges fi… read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
3 year old grandaughter. My daughter got pregnant birth dad
3 year old grandaughter. My daughter got pregnant birth dad abandoned boht before she was born, we as Grand parents did every doctors visitm, helped in delivery. sole provider fist 11 months and then … read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
My 24yr. old daughter left a controlling relationship with
My 24yr. old daughter left a controlling relationship with an older professional man. They were never married. The breakup was mutual and he knew that she would be taking their son infant son to live … read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
Father has sole physical custody and joint legal custody, although
Father has sole physical custody and joint legal custody, although 16 year old child is living with mother. Unsafe environment as child has been hit, and reports made to CPS. Child does not want to li… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
We are getting temperary custody of our grandchild, and we ...
We are getting temperary custody of our grandchild, and we had another question. When they gave custody back to her mother, she was ordered by the court to let the child stay with her great-aunt, with… read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
33 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x