Odessa, FL asked in Divorce for Florida

Q: I would like to know my rights as a grandmother

I have watched my granddaughter everyday sense she was born and provided everything for her except diapers and wipes. She is now three and her parents are getting a divorce.all of a sudden her mother texted me to tell me she would not be coming to drop her off anymore as she put her in day care. She will not respond to my text or calls. I have done nothing wrong. And have not seen my granddaughter for three weeks. She also grew up with her cousins who are 7 and 3. How is this fair to the child or us? And is there anything I can do?

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2 Lawyer Answers
Mr Eric Klein
Mr Eric Klein
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: Unfortunately, Florida does not recognize the rights of grandparents whatsoever. Under the Florida constitution, parents have an absolute right to privacy to raise their children anyway they see fit so long, of course, as a child is not harmed in anyway. As a grandparent, the only rights you have are through your child, in this case it appears to be your son. The only way you’re going to be able to see your child is when your son has custody of the child. Otherwise, there’s nothing you can do except to support your son through a divorce so that a visitation schedule can be established through the courts. Good luck!

Camila Martin
PREMIUM
Camila Martin
Answered
  • Miami Lakes, FL
  • Licensed in Florida

A: The State of Florida does not grant grandparents any visitation or custody rights over their grandchildren. Unfortunately, you will only be able to see your grandchild when your son has visitations with the child. If your son is going through a divorce process, he should consult with an attorney so he can get timesharing with the child and you could continue to be the caregiver during his timesharing days if both parents agree.

DISCLAIMER: The answer provided here do not constitute legal advice. Any statements made are based on the limited facts you have provided and are general statements that might not be applicable to your case based on other factors. We do not have an attorney-client relationship and you should consult with a local attorney. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in the State of Florida. Camila Martin, Esq.

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