QUESTION

My wife and i have decided to not allow my mother to see our children. are we legally allowed to do this?

Asked on Sep 09th, 2020 on Family Law - Florida
More details to this question:
my mother has an obsession with one of my children and we have asked her to get some help, but instead we've been informed she may sue for visitation rights.
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2 ANSWERS

Family Law Attorney serving Boca Raton, FL at Klein Law Group
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Florida does not recognize the rights of grandparents. Therefore, she may try and sue you for visitation rights, but would be unsuccessful because grandparents do not have visitaion rights. Good luck.
Answered on Sep 10th, 2020 at 5:34 AM

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Family Law Attorney serving Coral Gables, FL at David B. Mitchell, P.A.
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Thank you for your question. You and your wife should be on solid legal ground.  Under Florida law, the right of a grandparent to compel the parents of a grandchild to grant access to the grandparent are extremely limited. Under a recent change in the statutes, a grandparent can request the court to compel access to a grandchild ONLY IF both parents are deceased, missing, or in a persistent vegetative state OR one parent is deceased, missing, or in a 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. If one parent who is present in the child’s life objects to the request for grandparent visitation and that parent is not a violent felon, the grandparent has no right to compel access to the grandchild. 
Answered on Sep 10th, 2020 at 5:34 AM

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