TERINA TAMARGO, APPELLANT,
v.
RICHARD TAMARGO, APPELLEE

Fla. 2d DCA | 1977-06-10
No. 76-1789
McNULTY, Acting C. J., and SCHEB and OTT, JJ., Concur.
348 So. 2d 1163 Florida District Court of Appeal, Second District (1977) Negative Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court denied the appellee/hus-band’s-motion for modification of the final judgment of dissolution of marriage seeking to change custody of a minor child from the appellant/mother to the child’s paternal grandparents. The trial court did, however, award the paternal grandparents visitation rights. The award of visitation rights to a nonparent of a child whose custody has been awarded to a fit parent is without authority and is unenforceable. Sheehy v. Sheehy, 325 So. 2d 12 (Fla.2d DCA 1975).

Accordingly, the order of the trial court is reversed.

McNULTY, Acting C. J., and SCHEB and OTT, JJ., Concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Kirsh v. Mannen, 393 So. 2d 63 (Fla. 3d DCA 1981)
    …979), cert. denied, 379 So. 2d 202 (Fla.1979); Bankers Ins. Service Corp. v. Southeastern Home Mortgage Co., 363 So. 2d 401 (Fla. 4th DCA 1978); Lauer v. Wilson, 355 So. 2d 187 (Fla. 1st DCA 1978); B & J Van Beber Equipment Rental, Inc. v. Pedersen, 348 So. 2d 1163 (Fla. 3d DCA 1977); Mathews Corp. v. Tutten Enterprises, Inc., 343 So. 2d 902 (Fla. 4th DCA 1977); Sullivan v. Bloom, 342 So. 2d 1036 (Fla. 4th DCA 1977); Stone v. Lingerfeldt, 330 So. 2d 40 (Fla. 4th DCA 1976); Carter v. Dade County, 213 So. 2d 594…
  • Wills v. Wills, 399 So. 2d 1130 (Fla. 4th DCA 1981)
    …Parker, at 126. In dealing with visitation rights of grandparents, several cases have held that a non-parent of a 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 ha…
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  • Moore v. Cezar Trevino, 612 So. 2d 604 (Fla. 4th DCA 1992)
    …re is a substantial body of law holding that visitation rights to a non-parent is unjustified and unenforceable. See, e.g., Sandor v. Sandor, 444 So. 2d 1029 (Fla. 3d DCA 1984); Sheehy v. Sheehy, 325 So. 2d 12 (Fla. 2d DCA 1975); Tamargo v. Tamargo, 348 So. 2d 1163 (Fla. 2d DCA 1977); Rodriguez v. Rodriguez, 295 So. 2d 328 (Fla. 3d DCA 1974). At bar, aside from the trial court’s lack of authority to make such an award, the mother opposes it vehemently; she maintains that the aunts undermine her authority and a…

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