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Do i need a lawyer if judge ordered father of my grandchild to let her see me and also spend the night. he is refusing.

Beverly Hills, FL |
Filed under: Family law

judge ordered in court for father of my grandchild to visit with me. She also stated she could spend the night with me. He recently changed his phone number. The grandchild's mother(my daughter) is temp. in jail but has custody.

Attorney Answers 4

Posted

The Judge's order will not stand on appeal. There are no grandparents rights in Florida and if the Father has an attorney he will be able to effectively stop this order, if not in the trial level court in front of the Judge that issued it, then in the appellate court. The Florida Supreme Court has made it clear, there are no grandparent rights. I'm so sorry as I know that the relationship between a grandparent and grandchild is wonderful, but, you should try your best to be nice to the Father and to do whatever you can and let him set the parameters on how/when you see your grandchild. If you push it in the court system, he will most likely push back, and, in this case, he will win because the law is absolutely clear. Best of luck to you.

This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.

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Posted

The answer depends on whether the Order was under Chapter 39 in Dependency Court or Chapter 61 in Family Court. I am currently representing grandparents who have Court Ordered Time-Sharing in a Chapter 39 case by the Dependency Judge and yes, they needed an attorney to enforce it. You need someone to look at the Order. Good luck.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445

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2 comments

Tami Lane Augen

Tami Lane Augen

Posted

Great point Carin! I answered assuming a Ch. 61 proceeding! Thanks for pointing that out to the asker!!

Carin Manders Constantine

Carin Manders Constantine

Posted

Thanks. I just happen to have an exact case like this. The Judges will give grandparents time-sharing if the goal is reunification and the Mother or father is in rehab, which is my client's situation. The Judges wanted the half-brothers to have weekly visits.

Posted

I would like to know if this is dependency or family law. Speak to an attorney in your area to get clear advice.

Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an family law attorney.

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Posted

I think that the answer might depend on whether the order is dependency or not. If it's not, I would tend to agree with Ms. Augen. This is a real interesting question. I wish that we could follow up with this one to see what happens......Good luck.

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.

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