QUESTION
What are grandparent rights and can I prevent them from seeing my children?
Asked on Nov 12th, 2013 on Divorce - Florida
More details to this question:
My husband was shot in a hunting accident 10 years ago by his father. His father disowned him and I and forbid his whole side of the family to talk to us. We were not even allowed to go to my husband's grandparent's funeral. My husband and I are now going through a divorce and after promising he would not bring his parents into the boy's life just yet (they are 8 year old twin boys who have never met them), he went behind my back and had his parents over on their birthday. He and his parents are alcoholics, controllers, and have said nothing but negative things about myself and my family. I feel if they really cared they would have tried to be in the boys life a lot earlier. Is there anything I can do to prevent them from seeing the boys? Just for now seeing as one has been diagnosed with severe depression and they have enough drama in their life right now.
5 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have very little chance of prevailing to forcing such a restriction. What your about to be ex-husband does with the children on his time is up to him unless you can prove they are actually dangerous or harmful. In your situation they are not anticipated to be friendly or supportive of you. As for your son's depression, it is an issue that must be dealt with and it is not unusual that children are adversely effected by the situations they find themselves in during and after divorces. Hopefully your about to be ex and yourself can agree to minimize their trauma.
Answered on Nov 14th, 2013 at 5:28 PM
Unless they are harming the children physically or you can prove psychological harm, then you can not keep the father from having his family see the children when he has visitation.
Answered on Nov 14th, 2013 at 9:17 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, then grandparents only have the rights that you choose to give them. So, yes, you should be able to refuse to let them see the children if you do not want them around them.
Answered on Nov 14th, 2013 at 9:16 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Grandparents have no rights in Florida, only Mom and Dad. If Dad wants to give some of his time to Grandparents he can do so. Usually a court will intervene unless the Grandparents is a threat to the children.
Answered on Nov 14th, 2013 at 9:15 AM
Bruce Provda
You don't state who has custody so when you go for the custody hearing and discuss visitation you can ask the court for an order barring the paternal grandparents from visiting. You will have to have strong reasons and it would be best if you were represented by counsel.
Answered on Nov 14th, 2013 at 9:15 AM