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Breaking News in Grandparents’ Rights in Florida

See Lediux-Nottingham v Downs, 42 FLW S195 (Feb.16, 2017), wherein the Supreme Court of Florida ruled: Foreign judgments-Full Faith and credit-Child custody-VISITATION BY GRANDPARENTS-Colorado order providing for grandparents visitations is enforceable in Florida under Full Faith and Credit Clause of US Constitution and Federal Parenting Kidnapping Prevention Act (PKPA) of 1980, even though a similar order would be prohibited from being entered by a Florida court as offending the parent’s right of privacy under the Florida Constitution. -Final judgments entered by sister states relating to child custody and visitation are entitled to full faith and credit, rather than being subject to principle of comity-No Metis to claim that PKPA applies only to principle of comity-No Metis to claim that PKPA applies only to parents and not you persons who claim a right to custody of a child-To extend the PKPA conflicts with Florida law, the PKPA controls under Supremacy Clause of US Constitution-No

Public policy exception to the Full a Faith and Credit Clause exists that would prevent enforcement of Colorado custody order based on its offending the right of privacy as articulated in The Florida Constitution, because the state right to raise children free from unwarranted governmental interference is subordinate to the directives of the Federal Constitution under the Supremacy Clause, and the Us Supreme Court has made it clear that there is no public policy exception to the full faith and credit due final judgments of a sister state.

What does this mean in plain English?  It means that if you are a grandparent who received visitation from another state by court order, you can now enforce that visitation in Florida.  However, if you are a grandparent in Florida, you do not have visitations rights unless you fall under this case, or one of the other limited exceptions to a grandparents’ rights which are covered in Florida Statute in 752.011.  Grandparents’ rights in Florida are covered under Florida Statute 751 and 752.  However, they are limited to special circumstances.

Please see the attached the Florida Supreme Court Case in Florida Law Weekly Ledoux-Nottingham vs. Downs, 42 Florida Law Weekly S195 (Feb. 16, 2017) with the complete case including the facts, history, issues, and ruling in the case. You can find the complete case on Ann Marie Giordano Gilden, P. A. on Face Book.

This article is for informational purposes only. It does not form an attorney client privilege.

If you have more questions regarding a Grandparents’ Rights in Florida, you may contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, P.A. at 407-732-7620 to set an initial consultation.