Tampa family law attorneys are often asked about grandparents, who wish to see their grandchildren more often, and are being prevented to do so by their biological children. Again, this can occur because a whole slew of reasons, although it is often related to some sort of issue, where the grandchildren as some sort of pawn. This question and issue was attempted to be remedied by the Florida legislature through the passing of Chapter 752 providing grandparents’ specific visitation rights to grandchildren. In short though, Florida Courts have overturned the majority of these provisions as being unconstitutional because they invalidate the rights and overstep the rights of the biological parents of the children. Specifically, Fazzini vs Davis, 37 FLA L. Weekly D1659 (2012) was one of the first cases to specifically overrule these provisions. For your convenience, we have attached a copy of the Order from the Second District Court of Appeals. Many other courts have followed suit.
The overruling of this chapter and the Florida Legislature’s attempt to do so, did not prevent grandparents from filing motions alleging abuse or neglect and requesting the court place the minor children with them if those allegations turn out to be true. In light of current Florida jurisprudence, it appears that their rights are somewhat limited, but that does not prevent Tampa family law attorneys from finding creative solutions to achieving their means. An often used solution is to file a private dependency action on behalf of the grandparents.
If you have questions concerning visitation with grandchildren or other minor children in Florida, contact the Tampa Family Law Attorneys of Hackworth Law for a free case consultation. We will sit down with you, analyze the situation of your case and ensure your rights are being protected. If you would like to contact one of our family law attorneys immediately, please use the “Contact Us Now” tab in the upper right-hand corner of our website. We appreciate your time and attention check out our Family Law Attorney Blog and look forward to working with you.