ROXANNE M. O'DELL, APPELLANT,
v.
DONALD SCOTT O'DELL, APPELLEE
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In this postdissolution family law case, a Florida appellate court reversed an order granting a former stepfather visitation rights with his former stepson, holding that Florida law provides no statutory basis for courts to order visitation between unrelated parties absent exceptional circumstances.
The court reversed the visitation order, holding that Chapter 61 of Florida law provides no authority for courts to grant visitation between a child and unrelated parties, and that while the appellant and guardian ad litem advocated for visitation, the trial court had no legal basis to modify the final judgment's visitation provisions.
[1] A court lacks statutory authority to compel visitation between a child and an individual who is neither a parent, grandparent, or great-grandparent.
[2] A trial court cannot modify a final judgment of dissolution to grant visitation rights to a former stepparent when no such rights were established in the original judgmen…
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Join FLexlaw to unlock all legal intelligence“Chapter 61 makes no provision for visitation between unrelated parties. The First District has held that a court has 'no authority to compel visitation between a child and one who is neither a parent, grandparent, or great-grandparent.'”
Establishes the controlling statutory framework and binding precedent limiting visitation rights to specified relations.
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Join FLexlaw to unlock all legal intelligenceRoxanne and Donald O'Dell were married in 1987 when Mrs. O'Dell was pregnant with another man's child. Mr. O'Dell served as the child's father in all …
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ALTENBERND, Judge.
Roxanne O’Dell appeals a postdissolution order granting Donald O’Dell visitation rights with his former stepson. Although the record indicates that the stepson would like to visit with his former stepfather, and a guardian ad litem has recommended such visitation, we are constrained to reverse the order. Roxanne and Donald O’Dell were married in 1987. At the time of the marriage, Mrs. O’Dell was pregnant. Mr. O’Dell helped her through the pregnancy and apparently was in the delivery room when the infant was born. Mr. O’Dell is not the child’s biological father. Nevertheless, until the couple divorced in August 1991, Mr. O’Dell was the child’s “father,” for all practical purposes. In 1990, Mrs. O’Dell gave birth to a second child, who is Mr. O’Dell’s biological son.
The final judgment of dissolution of marriage gave Mr. O’Dell no right of visitation with his stepson and no obligation to support him. It gave him both visitation rights and an obligation to pay child support for his own son.
The parties have experienced various difficulties with visitation since the final judgment. A guardian ad litem was appointed to consider the problems. She submitted a thorough report to the court after an extensive investigation. While the guardian ad litem was critical of some of Mr. O’Dell’s behavior, she recommended that he have visitation rights with both boys. She concluded that this was in the best interests of the stepson. The trial court accepted her recommendations and ordered visitation between Mr. O’Dell and his former stepson.
Chapter 61 makes no provision for visitation between unrelated parties. The First District has held that a court has “no authority to compel visitation between a child and one who is neither a parent, grandparent, or great-grandparent.” Meeks v. Garner, 598 So. 2d 261 (Fla. 1st DCA 1992). This court has repeatedly reversed orders giving visitation rights to nonparents. Fischer v. Fischer, 544 So. 2d 1079 (Fla. 2d DCA 1989); Tamargo v. Tamargo, 348 So. 2d 1163 (Fla. 2d DCA 1977).
We are aware that a “raging debate” exists concerning the wisdom of granting child visitation to “substitute” parents. See Martin L. Haines, III, Rights of Others in the Lives of Children, Fla.Bar J., Dec. 1992, at 44; N. David Korones & Deborah Marks, “Rights” of Others in the Lives of Children: A Basis for Confusion, Fla.Bar J., Dec. 1992, at 46; Burton Young, Should “Substitute” Parents Have Legal Rights to Child Visitation?, Fla. Bar J., Dec. 1992, at 43. This debate, however, is a matter primarily for the legislature to resolve. We are not required in this case to determine whether a court can ever order a child to visit an adult who lacks statutory visitation rights. Even assuming some inherent authority to grant visitation under very exceptional circumstances, the trial court had no legal basis on the face of this record to modify the visitation decision made in the final judgment.
We are aware that the stepson has been visiting with his former stepfather during the pendency of this appeal. From Mr. O’Dell’s presentation in this court, it is obvious that he genuinely wishes to continue the visitation. We, of course, do not know whether the visits have been helpful or harmful for the seven-year-old boy and his younger brother. Although neither this court nor the guardian ad litem can compel Mrs. O’Dell to continue the visitation, we hope that she will consider the report of the guardian ad litem and the experiences of the last year in making her decision in the best interests of her sons.
Reversed and remanded.
RYDER, A.C.J., and PATTERSON, J., concur.
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D.M.T. v. T.M.H., 129 So. 3d 320 (Fla. 2013)…tation and support agreement between man who formerly lived with mother of a child was unenforceable because “Florida courts do not recognize a claim for specific performance of a contract for visitation in favor of a non-parent”); O’Dell v. O’Dell, 629 So. 2d 891 (Fla. 2d DCA 1993) (reversing visitation for a divorced man and former stepson and explaining that the Second District “has repeatedly reversed orders giving visitation rights to nonparents”). Accordingly, I would give effect to the plain language…
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Wakeman v. Dené B. Dixon, 921 So. 2d 669 (Fla. 1st DCA 2006)…stipulations, purportedly to give visitation rights to this nonparent, we conclude that agreement is not enforceable. There are numerous Florida cases holding that nonparents are not entitled to [*673] visitation rights. See, e.g., O’Dell v. O’Dell, 629 So. 2d 891, 891 (Fla. 2d DCA 1993)(reversing visitation for a divorced man and his stepson, noting that “[t]his court has repeatedly reversed orders giving visitation rights to nonparents”); Kazmierazak v. Query, 736 So. 2d 106, 106 (Fla. 4th DCA 1999)(holding…
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Russell v. Pasik, 178 So. 3d 55 (Fla. 2d DCA 2015)…to parents’ visitation rights and does not extend to nonparents. Wakeman v. Dixon, 921 So. 2d 669, 673 (Fla. 1st DCA 2006). Several cases have applied this statute to hold that nonparents are not entitled to visitation. See, e.g., O’Dell v. O’Dell, 629 So. 2d 891, 891 (Fla. 2d DCA 1993); Wakeman, 921 So. 2d at 673; Kazmierazak v. Query, 736 So. 2d. 106, 109 (Fla. 4th DCA 1999); Music v. Rachford, 654 So. 2d 1234, 1235 (Fla. 1st DCA 1995); Meeks v. Garner, 598 So. 2d 261, 262 (Fla. 1st.DCA 1992). As such, Pas…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Meeks v. Garner, 598 So. 2d 261 (Fla. 1st DCA 1992)
- Terina Tamargo v. Tamargo, 348 So. 2d 1163 (Fla. 2d DCA 1977)
- B & J VAN Beber Equip. Rental, Inc. v. Pedersen, 348 So. 2d 1163 (Fla. 3d DCA 1977)
- Fischer v. Fischer, 544 So. 2d 1079 (Fla. 2d DCA 1989)