CAROLYN PATRICIA BLANCO SHEEHY, APPELLANT,
v.
RONALD JOHN SHEEHY, APPELLEE
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PER CURIAM.
Appellant-mother, having been awarded permanent child custody by a final judgment of dissolution of marriage, appeals from a modification of that judgment which awards certain visitation rights to the paternal grandparents. We reverse.
An order granting visitation rights to a non-parent of a child whose custody has been awarded to a fit parent is unjustified and unenforceable.1 In view whereof, 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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Citator
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von Eiff v. Leonor Azicri and Roberto Azicri, 720 So. 2d 510 (Fla. 1998)…erests of the Grandparent Being Met Before Those of the Child?, 30 Fam. L.Q. 753, 758 (1996). Thus, any order that granted visitation rights to a nonparent, including a grandparent, was deemed “unjustified” and “unenforceable.” See Sheehy v. Sheehy, 325 So. 2d 12, 12 (Fla. 2d DCA 1975); Lee v. Kepler, 197 So. 2d 570, 573 (Fla. 3rd DCA 1967). In Florida, the first grandparent visitation legislation was enacted in 1978, in the context of dissolution of marriage actions. See Beagle, 678 So. 2d at 1272-73.1 In…
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Robinson v. Robinson, 333 So. 2d 526 (Fla. 2d DCA 1976)…of her class, both in Tampa and Hawaii. Obviously, the moves did not interfere with her academic achievements. The proximity of a minor’s grandparents is desirable, but it cannot control ths issue of custody. Cf. Sheehy v. Sheehy, Fla.App.2nd, 1975, 325 So. 2d 12. It was always contemplated that the mother would have to work because the judgment awarded her only rehabilitative alimony until she finished nurses’ training. The arrangements which were being made for Rhonda’s care in Los An-geles were not shown…
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Behn v. Timmons, 345 So. 2d 388 (Fla. 1st DCA 1977)…sed, 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 that if a grandparent is not entitled to be awarded the…
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- Parker v. Gates, 89 Fla. 76 (Fla. 1925)
- LEE v. Kepler, 197 So. 2d 570 (Fla. 3d DCA 1967)
- Rodriguez v. Mariano Rodriguez, Jr., 295 So. 2d 328 (Fla. 3d DCA 1974)