My daughters ex fiancé took their son back to his home state on a temporary visit and has refused to bring him back. I haven't seen him in over a year have no contact with him at all. the father refuses to come visit even if it is paid for. My grandson lied in my home for the first year of his life and I helped support him. Can I file for visitation rights
Criminal Defense Attorney
Unfortunately, Florida does not recognize "grandparent rights" so you cannot file for visitation rights. However, your daughter can and should. If they were never married and paternity was never established then the ex fiancé has no rights to the child.
Your daughter may be able to even file an ex parte emergency pick up order, which if signed by a judge allows any law enforcement agency where her son is to take him from the fiancé and returned to your daughter. The ex parte element of this means that the fiancé does not have to be notified about it and therefore will never see it coming, which eliminates the risk of him hiding the child.
Your daughter really needs to retain a family law attorney and get her child back. Then, through your daughter you can see your grandson all you want.
3 lawyers agree
Divorce / Separation Lawyer
Attorney Henderson is correct. In Florida, grandparents do not have visitation rights. Also, as it appears that your daughter was never married to the father, she has all the time-sharing and decision-making rights over the child (provided there was no paternity action filed and established). If in fact no paternity action was filed, the father has no rights to the child apart from his legal obligation to financially support his child. Your daughter should consult with a family law attorney on pursuing an emergency pick-up order.
This communication is for informational purposes only and does not constitute legal advice and does not establish an attorney-client relationship.
Criminal Defense Attorney
There are no more grandparent visitation rights in FL. They were eroded away by the court. So, no you cannot file for visitation rights, you have to see the child while the mother has the child. The best thing to do is to help the daughter secure and solidify her time-sharing with the child.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.