KATHERINE F. RODRIGUEZ, APPELLANT,
v.
MARIANO RODRIGUEZ, JR., APPELLEE
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A Florida appellate court reversed trial court orders granting visitation rights to paternal grandparents of a minor child. The court held that visitation rights cannot be granted to non-parents when a fit parent has been awarded exclusive custody, and that the record evidence showed the grandparents' home environment was detrimental to the child's best interests.
A trial court abuses its discretion and acts contrary to law when it grants visitation rights to non-parents of a child whose exclusive custody has been awarded to a fit parent. Such orders are unjustified and unenforceable.
[1] A trial court abuses its discretion by granting visitation rights to a non-parent when custody has been awarded to a fit parent.
[2] Visitation rights granted to a non-parent over the objection of a custodial parent are unjustified and unenforceable.
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Join FLexlaw to unlock all legal intelligence“An order granting visitation rights to a nonparent of a child whose custody has been awarded to a fit parent as in the case sub judice is unjustified and unenforceable.”
States the controlling legal principle that non-parents cannot be granted visitation rights when a fit parent has exclusive custody.
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Join FLexlaw to unlock all legal intelligenceThe parties were granted a dissolution of marriage in December 1972, with the ex-wife (appellant) awarded exclusive custody of the minor child and the…
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PER CURIAM.
Respondent-appellant seeks review of two final orders granting visitation rights to the parents of petitioner-appellee.
In December 1972, the parties were granted a dissolution of marriage and pursuant to an agreement of the parties incorporated therein, the custody of the minor child was granted to the appellant, ex-wife, with reasonable rights of visitation in the appellee, ex-husband. In July 1973, the appellee petitioned the court for an interpretation of final judgment of dissolution of marriage and enforcement of rights of visitation and requested among other things an order granting reasonable visitation rights to the paternal grandparents of the minor child as he was ordered to active duty with the U.S. Air Force in the Azores for a period of two years. After a hearing was held thereon, the trial judge on August 2, 1973 entered an order granting (1) the petitioner temporary custody of his child for three weeks during the year 1973, and (2) visitation rights to the paternal grandparents of one day per month, and further ordered that the visitation rights of the paternal grandmother would be finally determined after examination by a competent psychiatrist. After filing of the psychiatrist’s report, the trial judge entered an order on September 31, 1973 in which visitation rights were granted to the paternal grandparents for one weekend per month upon 48 hours notice to respondent, ex-wife. Respondent appeals therefrom.
Appellant contends the trial judge abused his discretion and ruled incorrectly as a matter of law when he granted, despite strenuous objection of the appellant, weekend visitation rights to the paternal grandparents of the child, whose exclusive custody had been awarded to the appellant. We agree.
An order granting visitation rights to a nonparent of a child whose custody has been awarded to a fit parent as in the case sub judice is unjustified and unenforceable. 10A Fla.Jur. Dissolution of Marriage § 95 (1973). See also Parker v. Gates, 89 Fla. 76, 103 So. 126 (1925); Lee v. Kepler, Fla.App.1967, 197 So. 2d 570 and 24 Fla.Jur., Parent and Child § 5 (1959).
Further, we note that there is testimony in the record to the effect that whenever the minor child has visited the paternal grandparents, derogatory remarks about the appellant are made in the child’s presence as there is “no love lost” between the respondent and her ex-husband’s parents. Thus, it is apparent, that this atmosphere prevailing in the home of the grandparents would not serve in the best interest of the child.
Accordingly, we hereby reverse the granting of any visitation rights in the paternal grandparents.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
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Sheehy v. Sheehy, 325 So. 2d 12 (Fla. 2d DCA 1975)…, the order appealed from is, in this regard, reversed. In all other respects it is affirmed. McNULTY, C. J., and BOARDMAN and GRIMES, JJ., concur. . See Parker v. Gates (1925), 89 Fla. 76, 103 So. 126; Rodriguez v. Rodriguez (Fla.App. 3rd, 1974), 295 So. 2d 328; Lee v. Kepler (Fla.App.3rd, 1967), 197 So. 2d 570.…
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Behn v. Timmons, 345 So. 2d 388 (Fla. 1st DCA 1977)…ng cases hold that a grandparent, whose child is deceased, is not entitled to be awarded visitation rights with a grandchild: Parker v. Gates, 89 Fla. 76, 103 So. 126 (1925); Lee v. Kepler, 197 So. 2d 570 (Fla. 3rd DCA 1967); Rodriguez v. Rodriguez, 295 So. 2d 328 (Fla. 3rd DCA 1974); Sheehy v. Sheehy, 325 So. 2d 12 (Fla. 2nd DCA 1975); and Roberts v. Davis, 328 So. 2d 879 (Fla. 2nd DCA 1976). Although the author of this opinion is not in accord with the foregoing principle of law expressed, it is logical tha…
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Wills v. Wills, 399 So. 2d 1130 (Fla. 4th DCA 1981)…child whose custody has been awarded to a fit parent has no such rights as they are unjustified and unenforceable. Tamargo v. Tamargo, 348 So. 2d 1163 (Fla. 2nd DCA 1977); Sheehy v. Sheehy, 325 So. 2d 12 (Fla. 2nd DCA 1975); Rodriguez v. Rodriguez, 295 So. 2d 328 (Fla. 3rd DCA 1974); Lee v. Kepler, 197 So. 2d 570 (Fla. 3rd DCA 1967). Each of these cases relies on Parker, supra. The legislature has now granted authority to the trial court to award visitation rights to grandparents if it is in the child’s bes…1 / 2
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Parker v. Gates, 89 Fla. 76 (Fla. 1925)
- LEE v. Kepler, 197 So. 2d 570 (Fla. 3d DCA 1967)