ALVA RAMEY AND WANDA RAMEY, APPELLANTS,
v.
PETER B. THOMAS AND ALICE M. THOMAS, APPELLEES
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Maternal grandparents appealed the trial court's approval of an adoption of their orphaned granddaughter by the paternal grandparents. The Florida appellate court affirmed the adoption while expressing concern about the harsh statutory consequence that completely severs the child's legal relationship with her maternal grandparents.
The appellate court affirmed the trial court's judgment granting the adoption to the paternal grandparents, denying the maternal grandparents' counterpetition, and finding no mismanagement of Hope's funds because substantial evidence in the record supported all the trial judge's findings.
[1] Substantial evidence supporting a trial judge's findings requires affirmance of the judgment on appeal.
[2] A final judgment granting adoption severs all legal relationships between the adopted person and their former relatives, including for purposes of inheritance.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It appears to us a harsh and unnecessary result to excise through adoption, a child's family relationship with natural grandparents.”
The court's criticism of the statutory consequence of adoption that completely severs legal relationships between the adopted child and maternal relatives.
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Join FLexlaw to unlock all legal intelligenceHope Thomas became an orphan at age two when both her parents died. Her maternal grandparents, the Rameys, and her paternal grandparents, the Thomases…
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SHARP, Judge.
The maternal grandparents, Alva and Wanda Ramey, appeal from the final judgment granting the adoption of their granddaughter, Hope Thomas, by Hope’s paternal grandparents, Peter and Alice Thomas. The trial court also denied the Rameys’ counterpetition to adopt Hope, and found against their charges that Peter Thomas mismanaged Hope’s funds and properties while acting as her guardian. Because there is substantial evidence in the record to support the trial judge’s findings, we have no choice but to affirm. In the Matter of the Adoption of Gaskins, 318 So. 2d 165 (Fla. 4th DCA 1975); Morrison v. Smith, 257 So. 2d 623 (Fla. 4th DCA 1972).
This has been a long and bitterly contested family dispute over an orphaned grandchild between warring grandparents. See Ramey v. Thomas, 382 So. 2d 78 (Fla. 5th DCA), review denied, 389 So. 2d 1116 (Fla.1980). The fight over this child began when she was two years of age. Hopefully it will now be concluded, as she attains the age of nearly fourteen years. That appears to be the basic reason for the trial judge’s granting the Thomases’ petition for adoption, as well as Hope’s own stated desire to have a set of parents rather than two sets of grandparents.
The tragedy of this case is that pursuant to the provisions of the adoption statute, Chapter 63, after Hope’s adoption becomes final, the legal effect is to completely sever and destroy Hope’s family relationship with her maternal grandparents. In this context, section 63.172(l)(b), Florida Statutes (1983) terminates all legal relationships between the adopted person and his former relatives for all purposes, including inheri tance.1 Hope’s mother was the Rameys’ only child, and she is their only descendant.
It appears to us a harsh and unnecessary result to excise through adoption, a child’s family relationship with natural grandparents. Even in the context of dissolution cases, grandparent rights are better protected than this. See § 61.13(2)(b)2 c, Fla. Stat. (1983); Ch. 752, Fla.Stat. (1984 Supp.).2 Surely a child’s welfare is promoted in most cases by having grandparents, rather than by not having them. That is poignantly illustrated in this case. The Rameys’ only fault has been that they too loved this child, they desired her custody, and as long as they could, they sought to preserve their grandparent relationship with her. AFFIRMED.
ORFINGER and UPCHURCH, JJ., concur. . Section 63.172(l)(b) provides that adoption "... terminates all legal relationships between the adopted person and his relatives, including his natural parents, except a natural parent who is a petitioner or who is married to a petitioner, so that the adopted person thereafter is a stranger to his former relatives for all purposes, including inheritance and the interpretation or construction of documents_’’ We note that this statute is somewhat ambiguous regarding maintaining the status of grandparents through a natural parent in the context of stepparent adoptions, although obviously the legislative intent was to continue these grandparent relationships. This is clearly an area which should be "revisited” by the legislature.
. Section 61.13(2)(b)2 c, Florida Statutes (1983) permits a court in dissolution proceedings to award grandparents visitation rights if it is in the child’s best interest. The grandparents also have legal standing to seek judicial enforcement of the award. Chapter 752, Florida Statutes (1984 Supp.) further protects grandparents’ visitation rights by providing such visitation does not automatically terminate where one of the natural parents remarries and the stepparent adopts the child. § 752.07, Fla.Stat. (1984 Supp.). However, section 752.01(2), Florida Statutes (1984 Supp.). states it does not provide for grandparental visitation rights for children adopted by one other than a stepparent. While this may be justifiable under some circumstances when parental rights are terminated, we can think of none here where both natural parents were killed in an accident.
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Denyse Ann Griss v. Griss, 526 So. 2d 697 (Fla. 3d DCA 1988)…arents in a particular case prevent their children from seeing their grandparents.” Fla.H.R., tape recording of proceedings (April 23, 1984) (tape available from Florida House of Representatives) (floor debate on H.B. 487). See also Ramey v. Thomas, 483 So. 2d 747, 748 (Fla. 5th DCA 1986) (“Surely a child’s welfare is promoted in most cases by having grandparents, rather than by not having them.”). While “uncles, aunts, cousins, and especially grandparents sharing a household along with parents” is an enviro…
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Davis v. Dixon, 545 So. 2d 318 (Fla. 3d DCA 1989)…he statute is in accord with recent legislative enactments extending grandparents’ rights as to grandchildren. See and compare Griss v. Griss, 526 So. 2d 697 (Fla. 3d DCA 1988); Beard v. Hamilton, 512 So. 2d 1088 (Fla. 2d DCA 1987); Ramey v. Thomas, 483 So. 2d 747 (Fla. 5th DCA 1986); Section 61.13(2)(b)2c, Florida Statutes (1987); Chapter 752 Florida Statutes (1987). Therefore, we return this matter to the trial court for a determination, taking into account the “priority” of which parties shall be the adop…
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von Eiff v. Leonor Azicri and Roberto Azicri, 699 So. 2d 772 (Fla. 3d DCA 1997)…on a case by case basis, we recognize the important interest in a child’s relationship with his or her grandparents. Exposure to grandparents generally provides tremendous benefits [*776] to the health and welfare of children.7 See Ramey v. Thomas, 483 So. 2d 747, 748 (Fla. 5th DCA 1986)(child’s welfare is promoted in most cases by having grandparents, rather than by not having them). Children benefit by exposure to an essential link with the past that provides them with a sense of family identity. See Chri…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Alva Ramey and Wanda L. Ramey v. Thomas, 382 So. 2d 78 (Fla. 5th DCA 1980)
- Grady B. Morrison and Edna E. Morrison v. Smith, 257 So. 2d 623 (Fla. 4th DCA 1972)
- In re the Adoption OF Tamara Gail Gaskins, 318 So. 2d 165 (Fla. 4th DCA 1975)
- In re The Matter of the Adoption v. Thomas, 436 So. 2d 251 (Fla. 5th DCA 1983)