More details to this question:
We have a 50/50 parenting plan, every other week. My daughters father at least every other time if not every time he has his visitation she is left with her grandparents and he is out of town. Do I have any rights on changing this and what would it take could the grandparents fight that as well? I don't want her not to see them but every time he is supposed to be with her, is not right in my opinion and she should be with me for the times he cannot be there for his scheduled weeks. He was the one that opened the case and was trying to gain full custody...
1 ANSWER
Usually, when I draft a parenting plan I include a "right of first refusal" option, meaning if the timesharing parent during his/her time will be away from the child for X hours, the other parent has the option to spend the time with the child instead. Check your parenting plan for that option.
The grandparents have no rights in Florida when it comes to seeing their children over the objection of the parents, so they cannot "fight" you on this matter. If the court already ruled on this matter and established a parenting plan, to modify you would need show that there has been a substantial, unanticipated change in circumstances and that modifying the timesharing would be in the best interest of the child (see form below to file for Modification). While spending time with the grandparents is not necessary bad for the child, if you are available to be with the child at that time and the Father is not, the argument should be made that the timesharing should be modified where the Father and not the grandparents need to spend time with the child.
http://www.flcourts.org/core/fileparse.php/533/urlt/905a.pdf
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
Answered on Jun 10th, 2015 at 6:30 AM