Should grandparents have visitation rights to their grandchildren? Many say that grandparent visitation rights should always be considered when delegating visitation. After all, a divorce limits both parents’ time with their shared children, and this can therefore mean that a grandparent, who once was close to her grandchildren, is denied any relationship with them at all. Many grandparents play an integral role in their grandchildren’s lives and having no rights can be a bitter pill to swallow. As the number of grandparents increase ins Florida, there is a stronger fight by some for grandparents to enjoy such rights.
But what about a parent’s fundamental, constitutional right to parent his child without the interference of others? A parent has the ultimate right to control the upbringing of his children, subject only to the identical right of the children’s other parent, and arguably, a law that allows anyone to petition a court for visitation rights with children over parental objection unconstitutionally infringes on that right. As a parent, what if you have a different style of parenting than your child’s grandparents, your own parents, as so many do? Shouldn’t the parent/child relationship override any other relationship as long as the child is not in harm?
What Does the Law Say About Grandparent Visitation Rights?
In 1996, in Beagle v. Beagle, the Court declared the grandparents’ rights statute unconstitutional because it invaded the fundamental privacy rights of parents and constituted impermissible state interference with parental rights that are protected by the Constitution of the State of Florida. In this case, the Court found that there was no evidence of the child suffering any harm by the denial of grandparent visitation rights. Thus, the Beagle Court concluded a court could not award grandparent visitation rights when there was an intact family, at least one of the parents objected, and there was no evidence of the child suffering any harm.
However, in extreme situations, grandparents do enjoy such rights. Florida Statute § 752.011 allows for grandparent timesharing if both parents are deceased, missing, or in a persistent vegetative state or if one parent is deceased, missing, or in a vegetative state and the other parent has been convicted of a felony or an offense of violence evincing behavior that poses a substantial threat of harm to the minor child. While this statute gives grandparents rights in extreme circumstances, a substantial change in circumstances can lead to a change of custody.
Lengthy Parental Leave: Can Grandparents Cover?
In a case when a child is not in harm’s way, do grandparents have any rights? According to Florida Statute § 61.13002(2), if a parent is on military duty for longer than 90 days, that parent may designate a family member, a stepparent, or a relative of the child by marriage to exercise timesharing with the child on the parent’s behalf. This statute gives grandparents rights to a grandchild that she didn’t always have.
But what about non-military parents? There are many reasons why a parent may be away for longer than 90 days. Perhaps his work requires it. Perhaps his health demands it. Shouldn’t grandparents have the same rights in these situations as they do when a parent is in the military? If the state is willing to offer visitation rights when a parent is away for 90 days, perhaps the reason for being called away shouldn’t matter. While the legislatures seem to be patriotic in enacting this statute, maybe it should apply to all instead of merely to some.
Ultimately, a parent should have the right to parent his child if he wants to and is not harming the child. While grandparent visitation rights are limited in Florida, parenthood is a constitutional right that should not be ignored in most situations.
This article originally appeared on here.
Joryn began her own firm in Tampa after a 14-year career in law, two of which she served as a professor of law at Stetson University. She is a recipient of the prestigious A. Sherman Christensen Award, an honor bestowed in the United States Supreme Court upon those who have provided exceptional leadership in the American Inns of Court Movement. www.openpalmlaw.com
Julie Silver says
I have a unique situation. My daughter and son in law separated in July 2020. We had been taking care of our 5 year old grandson (babysitting) him since COVID hit and nd when my daughter separated from my SIL she moved in with her “significant other ” (her boyfriend/lover) whom she has been involved With since 2017. We were worried about our grandchildren so we filed a ‘welfare check’ report with FL StateDCF. When they contacted her, she felt that we did it out of spite because she was having an affair. She then filed a restraining order on my husband the day after DCF talked with her because of it. We have thought seriously about filing for custody of them (the two grandchildren) because she has all the symptoms of bipolar . The husband has been no help as he has done everything that she has told him to do. The restraining.order was granted by a judge that did not even bother to read it.
What can we do to protect our grandchildren?
Lacey says
I think you are both using the laws that are in place to go tip for tap and it’s immature and not beneficial to the children. Before running to the courts and further making issues, try talking to them. Actually make an attempt at fixing things and if still no success feel free but just remember inviting the courts into your home means neither of you have the control anymore which means it can go either way. Both of you need to stop with the drama and act like adults. And as for calling CPS you can say you had concerns but they only became important to you once you all had issues.. come on, do better.