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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2129
Experience:  Practicing Attorney with 10 years experience
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My grandchildren were separated by the courts. I want to

Customer Question

my grandchildren were separated by the courts. I want to know what my rights are to visitation w them are, and don"t siblings have a legal right to visit one another in the state of florida??
Submitted: 1 year ago.
Category: Legal
Expert:  Asad Rahman replied 1 year ago.

Grandparents do have rights to seek visitation in Florida, but there are some stringent tests the courts consider when the request is made. a grandparent may file a petition and obtain visitation rights as to a grandchild when it is in the best interest of the child and one of three conditions have been met:

The parents have been divorced or their marriage is dissolved; one parent has deserted the child; or the child was born out of wedlock and the parents never marry.

A court is allowed to consider a number of factors when it determines what is in the best interest of the child. None of these factors are determinative or conclusive in and of themselves. In other words, a court will not likely make a decision regarding grandparent visitation based only on the presence or absence of one factor. The court will consider what is in the best interest of the child, if old enough the child's wishes; whether the grandparents will hurt or harm the relationship with the children, amongst other things.

Expert:  Asad Rahman replied 1 year ago.

Let me research the sibling visitation issue.

Expert:  Asad Rahman replied 1 year ago.

Here is the Florida specific law regarding grandparent visitation. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0752/0752.html

Unfortunately, I do not see any specific statute for siblings. However, if the siblings are old enough or the parents can petition the court to allow for time for the children to play and interact with one another. The judge does have discretion to consider this.

Customer: replied 1 year ago.
What about the children Bill of Right which states siblings shioukld see each iother once a week?
Expert:  Asad Rahman replied 1 year ago.

My understanding is that that is not really a law that is enacted by Florida statute. It is more like guidance.

Expert:  Asad Rahman replied 1 year ago.

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