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Can my boyfriends mom get rights to see our son if we don't allow it?

Crestview, FL |

My boyfriends mother has broken into my home once threatened to kill me ever time I see her! Ive had a restraining order against her that protected myself and our son. I actually went to jail for finally punching her because she just would not stop! Can she really get rights to see my son if neither of us want her to? we are not yet married. I know she can petition for rights but what is the likely hood she will receive rights?

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Attorney answers 5


Unless you are a danger to your child, it is nearly impossible that would happen.

Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.



Thank you so much! So I'm guessing she would have to prove one of us was an unfit, violent toward our son or neglectful. We are none of these. So this answer was very much appreciated & helpful! Thank you sir!


Very very slim.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.



Thank you SOO MUCH! This will help me sleep tonight! I have been beyond worried about this! The judge has told her once she has NO rights to our son when we had the restraining order filed. But it still scares me


Highly unlikely. As a rule of thumb, minus certain exceptions, grandparents do not have rights in the state of FL to the grandchildren.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.



Thank you! (:


The courts have been pretty clear regarding grandparents rights. It is irrelevant that you and the father and not married at this time. Unless you are unfit, the courts see the biological parents as the final say as to who gets to visit their child.


Unlikely. In Florida, generally grandparents do not have rights to grandchildren.

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