Can a Florida court order visitation rights in a case of guardianship of an incapacitated adult?

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I am a guardian and natural parent of a developmentally disabled adult. The other parent who was removed as guardian for "better care and maintenance of the ward", by a clerk in North Carolina court has filed a petition for visitation rights. Do you see any situation in which a court could order visitation in our case? When I first gained guardianship of my daughter she was not afraid of the other parent, but has since developed a fear of the other parent.

Attorney Answers

4
Ivette M SantaellaEstate Planning AttorneySan Ramon, CA ·
Hello, Without seeing the entire file and history of this matter, we cannot advise you. This forum is for general information, not specific information. It is highly recommended that you consult with a local experienced attorney for assistance.
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John GillespieCriminal Defense AttorneyKissimmee, FL ·
The court most likely can order it but you need to give more information. The bigger question is why would you want to deny a parent the right to visit his or her child? Did you make her afraid of the other parent?
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Carol Johnson ·
Florida law presumes (as do most rational folks) that a child has a right to see and have a continued relationship with BOTH their parents. To overcome that presumption will take a lot of convincing. Additionally, the courts do not look kindly on a parent who trashes the other parent to their children or does anything that undermines the parental relationship. If you feel this other parent will harm your child, then you need to hire an attorney to protect her interests. However, you note that she is an adult (albeit disabled), so the decision is not yours, alone, to make. If her fear of the other parent was developed due to your influence - you need to back off. Since this is more of a family law question than estate planning, I have moved your question to the appropriate topic area.
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Larae Hendrix ·
In reality, since your child is an adult, and you have "Guardianship" over the child, this not a family law case. (The only time it would have been is if paperwork had been modified before the child turned the age of majority for support beyond the age normal support age.) The key here is "Guardianship".The Probate Court deals with Guardianship cases. If there is a justifiable reason to keep your child away from her relatives, (in this case her father) your going to have to have file in Probate/Guardianship Court. Therefore, I am going to redirect your question to Guardianship.
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