Happiness Is Being a Grandparent? The Evolution of Grandparent Visitation in Florida

Grandma and Grandpa Nomorals and Grandma and Grandpa Wonderful want to visit their grandchildren, Sonny and Joy. The parents are against it for different reasons. In Florida, the law allows grandparents to sue for visitation rights, but there are constitutional issues to consider. How the law is applied has changed over time, and it’s unclear what the future holds for grandparent visitation rights in Florida. Before 1978, grandparents didn’t have the legal right to visit their grandchildren under common law. In 1978, the Florida Legislature changed the law to allow grandparents to seek visitation during a divorce or in an intact marriage. In 1984, the law was further modified to grant grandparents the right to seek visitation in specific circumstances, such as the death of one parent or the dissolution of the parents’ marriage. In 1990, Florida changed the rules for grandparents visiting their grandkids. A case challenged the law’s constitutionality, but the court said it’s okay as long as it’s good for the kids. In 1993, the law changed again to allow grandparents to see their grandkids even if the parents are still married. In other states, courts have made different decisions about this issue. The Utah Supreme Court said it’s okay for the state to have a law that lets grandparents visit their grandkids, because it helps strengthen family relationships. But the Tennessee Supreme Court said the state can’t interfere with a parent’s right to raise their child, unless there’s a really good reason to do so. In the case of Hawk, the court decided that a parent’s right to raise their child without state interference is protected by the state and federal constitutions. This means that the state can only intervene if a child’s welfare is at risk. A similar ruling was made in the case of Brooks in Georgia. In Florida, a case called Beagle began to clarify the state’s grandparent visitation law. These cases show that parents have a strong right to raise their children without interference, unless there is proof of harm to the child. The parents didn’t like a law that they said invaded their privacy. The court agreed and said the law was not allowed because it violated the parents’ privacy rights under the Florida Constitution. The First District Court of Appeal upheld a Florida grandparent visitation statute, saying it was in the best interest of the child. However, not all the judges agreed and the question was sent to the Supreme Court of Florida. In 1996, the Supreme Court of Florida ruled that the statute was constitutional, but they also analyzed decisions from other states. The Supreme Court decided that the state cannot force grandparents to visit their grandkids if the parents don’t want them to, unless the child is in danger. They said that a law without a clear rule about harm is not allowed. So, the court said that part of the law is not okay. As of now, in Florida, divorced grandparents can sue for visitation rights, but it may be difficult for grandparents of a child with living parents to do so. The Supreme Court has left open the possibility of a constitutional challenge to the rest of the law. It’s unclear if the lack of a requirement for harm to the child in the law is a problem. We’ll have to wait and see how future court cases play out. Florida’s grandparent visitation law is changing quickly. Recently, two court decisions found that a part of the law allowing visitation for grandparents when a parent has died is unconstitutional. This could affect how the law is applied in the state. The decisions show that the rights of natural parents are becoming more important than the relationship between grandparents and grandchildren. It seems like the law for grandparent visitation rights is getting weaker. This passage discusses the laws regarding grandparent visitation rights in Florida. It includes references to cases and statutes from different states, as well as legal articles. It also includes information about the author’s background and credentials.

Source: https://www.floridabar.org/the-florida-bar-journal/happiness-is-being-a-grandparent-the-evolution-of-grandparent-visitation-in-florida/