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Can my daughter and her husband keep my grandchildren away…

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Can my daughter and...

Can my daughter and her husband keep my grandchildren away from me and her father? She got mad because I refused to babysit at her house even though I said I would gladly keep them anytime at my house. Which is totally equip for them including their own room and toys, etc. She went into a hateful rage, like something from Jerry Springer ...This is not my daughter. She refuses to return my or her father's calls or texts. My grandson is 9 yrs old and we have a very bonded relationship with him. The other one is 4 and She hardly lets me have him for more than a few hours, she says he is a hard stubborn child who demands a lot of attention. I have a wonderful relationship with the 9 yrs old, since birth. I really feel something more is going on...My daughter is always stressed and her husband is extremely controlling, she has to get his permission and approval for everything that she does. They have been married for 17 yrs and been together for 23 yrs. My daughter is 44 yrs old. Her husband has isolated her from all her friends and cousins because he always finds a reason to disapprove of them. He also has put a wedge between her and her brother, because her brother and his wife voted for Obama, that was right after the birth of her first son. Now it me and her father, because we refused to go their house to babysit. Something is not right, she is full of hatred and anger. I don't ever discuss my perception of her husband or their relationship to her...because I don't want to lose her. Also her husband is an Attorney...who acts superior to everyone. I don''t know how to handle this situation, I don't understand it and I certainly don't want to make it worst but I need to know where I stand legally and do I have any grandparents rights for visitation? I am concern for my grandchildren.

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

No.

Lawyer's Assistant: Family law varies by state. What state are they in?

Florida

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

No I don't think so.

Submitted: 5 months ago.Category: Family Law
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Answered in 8 hours by:
3/26/2018
Family Lawyer: Michael Bradley,
 replied 5 months ago
Michael Bradley
Category: Family Law
Satisfied Customers: 1,929
Experience: Owner at The Protection Group LLC
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are they both the natural parents of the children?

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Family Lawyer: Michael Bradley,
 replied 5 months ago

Florida, home to millions of grandparents, is ironically one of the toughest states with regard to winning grandparent visitation, and its status was not significantly altered by changes in the law effective July 1, 2015.

The new law allows suits for visitation only in an extremely narrow set of circumstances. Grandparents can sue for visitation if the parents of their grandchild are deceased, missing or in a persistent vegetative state.

An additional provision allows grandparents to file if one parent is deceased, missing or in a persistent vegetative state and the other parent has been convicted of a felony or "an offense of violence-evincing behavior that poses a substantial threat of harm to the minor child’s health or welfare." These provisions obviously apply only to a small percentage of potential cases. Even under these conditions, Florida grandparents must still prove parental unfitness or must show "significant harm to the child."

In Florida, grandparent visitation law has been ineffectual for some time, due to that state's stance on privacy and due to the rulings in several important cases.

While in many states the*****case of Troxel v. Granville made visitation with grandchildren harder to obtain, in Florida this process was already well underway.

Florida is aggressive in statutorily protecting the privacy rights of its citizens, and the courts have repeatedly interpreted requests for visitation from grandparents as assaults on parental privacy.

In 1980 a privacy amendment was added to Florida's constitution. It reads, "Every natural person has the right to be let alone and free from government intrusion into his private life except as otherwise provided herein." In the 1996 case of Beagle v. Beagle, the court decided that the state could not intervene to award grandparent visitation over the protests of parents in an intact family unless failing to award visitation would be detrimental to the child — the so-called "harm standard." The court held that this high standard was necessary to keep the state from intruding on the private lives of its citizens.

A series of decisions in Florida extended the same privacy protection to parents not in intact families.

In a 1998 case, Von Eifff v. Azicri, the mother was deceased, and the father had remarried and had stopped the parents of the deceased from visiting. The court applied the same standard as had been applied in Beagle v. Beagle, ruling that to intervene would be to violate parental privacy. The court declared unconstitutional that part of the Florida statute that gives grandparents the right to sue for visitation in the case of a deceased parent. The court ruled that it is wrong to differentiate between "the fundamental rights of privacy of a natural parent in an intact family and the fundamental rights of privacy of a widowed parent.” In addition, the court stated that by remarrying, the surviving parent had created an intact family, which had every right to deny visitation.

In the 1999 case of Lonon v. Ferrell, an appellate court found that a divorced parent also has the same constitutional right to privacy as a married or widowed parent, whether or not the parent has remarried. In the 2000 case of Saul v. Brunetti, the Florida Supreme Court ruled that the parent of a child born out of wedlock has the same rights.

For those grandparents who do have standing to sue for visitation, the law instructs the courts to consider a lengthy list of factors in determining the best interests of the child. These factors include the willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents, the length and quality of the prior relationship between the child and the grandparent, the child's preference when he or she is old enough to express it, the mental and physical health of the child, the mental and physical health of the grandparent or grandparents and any other relevant factors. In addition, the court should consider whether the grandparents had established "ongoing personal contact" with the grandchild before the parent's death, disappearance or the onset of the persistent vegetative state.

In addition, the court must consider whether visitation with the grandparent would do "material harm" to the parent-child relationship.

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