[carolin3]

I have recently fallen out with my son and his girlfriend and have now been told that I cannot see my grandson who is only 13 months old. As Frankies paternal grandmother do I have any legal rights to see him?

[JudyKayTee]

This is State law, not Federal - where are you?

The general answer is "no," but there are exceptions.

[AK lawyer]

This is State law, not Federal - where are you?

The general answer is "no," but there are exceptions.

Federal law, and in particular Troxel v. Granville, 530 US 57 (2000), plays a part too.

"...
Accordingly, so long as a parent adequately cares for his or her children (i. e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent's children ..."

[JudyKayTee]

Very interesting - particularly when compared with the laws of some States.

Of course OP left without providing any info so...

[Synnen]

I always find it interesting that in the absence of any abuse, why ANYONE would think they have more rights than the parent to decide who does and does not get to see the child.

I'd be LIVID if my mother (or mother-in-law) decided that she could see my children and went to court to get that after I'd decided (for whatever reason) that the influence she was having on my children was negative.

ESPECIALLY if we had a "falling out" about rules regarding the children because she wouldn't obey the rules that I, as the PARENT, decreed to be best for my children.

It truly bothers me that any state would have a law that would override parental wishes over visits when there is no evidence whatsoever of abuse.

[JudyKayTee]

I know no one asked but perhaps OP will come back.

All States which provide for grandparents’ rights require that the those rights/visits are in the best interest of the child. It’s pretty much the same standard that is used when parents get in a dispute over custody. If the visitation poses a danger to the child (emotionally, physically) the request is denied.

Some states are more likely to grant grandparent visitation requests. Connecticut, Hawaii, Idaho, Kentucky, Maryland and New York require only that visitation is in the best interest of the child.

Grandparents have NO rights to visitation (if denied by the parent or parents, of course) in: Alabama, Florida, Iowa, Mississippi, Oregon, Rhode Island, Utah.

Grandparents in Minnesota and Pennsylvania have NO rights to visitation UNLESS the grandchildren lived with them.

Grandparents in Texas are allowed visitation only if denying such visitation would significantly affect the child’s emotional health and well being. (I suspect “significantly” is the word used in legal arguments.)

Troxel is interesting - Ohio (Supreme Court) awarded visitation to maternal grandparents following the death of the child’s mother despite denial of visitation by the father - Harrold v Collier (107 Ohio St.3d 44, 2005-Ohio-5334).

[AK lawyer]

...
Grandparents have NO rights to visitation (if denied by the parent or parents, of course) in: Alabama, Florida, Iowa, Mississippi, Oregon, Rhode Island, Utah.
...

What about this?

"752.01 Action by grandparent for right of visitation; when petition shall be granted.—(1) The court shall, upon petition filed by a grandparent of a minor child, award reasonable rights of visitation to the grandparent with respect to the child when it is in the best interest of the minor child if:
(a) The marriage of the parents of the child has been dissolved;
(b) A parent of the child has deserted the child; or
(c) The minor child was born out of wedlock and not later determined to be a child born within wedlock as provided in s. 742.091.
(2) In determining the best interest of the minor child, the court shall consider:
(a) The willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents.
(b) The length and quality of the prior relationship between the child and the grandparent or grandparents.
(c) The preference of the child if the child is determined to be of sufficient maturity to express a preference.
(d) The mental and physical health of the child.
(e) The mental and physical health of the grandparent or grandparents.
(f) Such other factors as are necessary in the particular circumstances.
(3) This act does not provide for grandparental visitation rights for children placed for adoption under chapter 63 except as provided in s. 752.07 with respect to adoption by a stepparent." The Florida Statutes - The Florida Senate

It's my personal issue: our son's ex wife here has been denying us any visitation with the grandchildren. Several people involved are ignoring this perhaps, I've been thinking, because of Troxel v. Granville. We've been thinking about going to court about it, but it's a delicate situation.

[JudyKayTee]

What about this?.

Got to love the Internet - you're in Florida. I believe you.

So much for on line research!