Jessica and her mother-in-law used to have a great relationship. It ended when her mother-in-law moved in. Fights lead to grandparents being cut-out. Grandparent visitation rights don’t exist in Florida, but that is changing.

As the Chicago Tribune reports:

“Rules don’t apply to her. We don’t want her living with us anymore.”

It’s the little things. When Fromm throws her clothing into the washing machine, she’ll return to find it tossed on the floor. And when she has friends over, Fromm notices that her mother-in-law is eavesdropping on her conversations.

Grandparents are Becoming Essential

According to the Pew Research Center, there were 57 million Americans — or 18 percent of the population — living in multi-generational households in 2012, which is double what the number was in 1980.

Some are doing it for financial reasons, and others are doing it because they could use help raising children while both parents work. Regardless of the reasons, it’s very common for personality clashes and other issues to occur, but there are ways to make the transition smoother.

“Changing the basic family structure always has an impact on everyone’s relationships, no matter how simple or easy it may look before it happens; and no matter what the reason, when a couple moves in with one partner’s parents, or when a parent moves in with a couple, it is a change in family structure.”

Current Florida Law

I’ve written about grandparent visitation rights. The U.S. Supreme Court, in Troxel v. Granville, held that the Due Process Clause protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children.

So, as long as a parent is adequately caring for his or her child, there will normally be no reason for the state to inject itself into the private realm of the family. The basic presumption in Troxel is that fit parents act in the best interests of their children.

However, the Troxel court did not hold that the Due Process Clause requires a showing of harm or potential harm to the child as a condition to grandparent visitation. That is a Florida law.

Instead, the U.S. Supreme Court left those decisions for the states to decide on a case-by-case basis.

It surprises many Floridians – because of the large percentage of grandparents here – but grandparent visitation rights don’t exist here.

Grandparent custody and time-sharing rights do not exist in Florida without showing harm to the child; otherwise, it is deemed to violate parents’ privacy.

Recent Florida Changes

Things could be changing for grandparent visitation rights. In 2015, the Florida Legislature passed a law allowing a grandparent of a minor child whose parents are deceased, missing, or in a persistent vegetative state, or other listed facts, to ask the court for visitation with the grandchild.

Last month, the Florida Supreme Court recently enforced an interstate custody decree which granted grandparent visitation rights, even though grandparent visitation rights with fit parents violated Florida law.

This year in the Florida Senate, there is a new bill introduced relating to grandparent visitation rights. The bill would authorize a grandparent of a minor child – who has exclusively cared for the minor child for at least 6 months – to petition the court for court-ordered visitation with the child under certain circumstances.

The bill would also require the courts to consider the totality of the circumstances, including a specified criterion, in its determination of substantial mental or emotional harm to the child, to better comply with the Florida Supreme Court’s case law.

The Chicago Tribune article is here.