My step sons wive is keeping our grandson from seeing us. It boils down to she is mad because my wive and I took away the car she was using (In my wives name) because she was not paying her part of the insurance.(the car has alot of body damage) She is living in a house I own rent free (16,00 or so a month), not working and getting gov. aid. my wive and I have payed for almost everything the baby has ( christmass,b-day ect) because she cant. My step son is currantly serving time and wont be out for another two years,so he cannot pay support, but again we have provided her with alot. Do we have any rights and can we keep her from moving out of state Thank you
It is difficult for grandparents in Florida to obtain visitation with their grandchildren when one of the two parents objects. It is a sad situation indeed, according to your question. Grandparents' rights have been extremely limited on that respect and, unfortunately, I have seen parents that have used their child as "bait" to obtain benefits and favors from the grandparents. So, I do not believe you may have rights to assert.
As to her moving the child out of the state with your stepson incarcerated, she can do that UNLESS there is a pending case in court from the child's father OR there is already a court order which defines visitation, contact, custody, etc., in which case she will have to follow a statute number 61.13001 in Florida which is called a "Relocation Statute" before she moves the child out of Florida. This is a somewhat complex statute/law for some people to analyze. She would have to give notice by certified mail, return receipt requested, to the child's father.
Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.
4465 Edgewater Dr.,
Orlando, Fla. 32804
E-mail: [email protected]
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