Sheehy v. Sheehy, 75-652

Decision Date12 December 1975
Docket NumberNo. 75-652,75-652
PartiesCarolyn Patricia Blanco SHEEHY, Appellant, v. Ronald John SHEEHY, Appellee.
CourtFlorida District Court of Appeals

Robert C. Gibbons and Philip R. Lazzara of Gibbons, Tucker, McEwen, Smith, Cofer & Taub, Tampa, for appellant.

Richard H. McInnis, Tampa, for appellee.

PER CURIAM.

Appellant-mother, having been awarded permanent child custody by a final judgment of dissolution of marriage, appeals from a modification of that judgment which awards certain visitation rights to the paternal grandparents. We reverse.

An order granting visitation rights to a non-parent of a child whose custody has been awarded to a fit parent is unjustified and unenforceable. 1 In view whereof, the order appealed from is, in this regard, reversed. In all other respects it is affirmed.

McNULTY, C. J., and BOARDMAN and GRIMES, JJ., concur.

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11 cases
  • Von Eiff v. Azicri
    • United States
    • Florida Supreme Court
    • November 12, 1998
    ...granted visitation rights to a nonparent, including a grandparent, was deemed "unjustified" and "unenforceable." See Sheehy v. Sheehy, 325 So.2d 12, 12 (Fla. 2d DCA 1975); Lee v. Kepler, 197 So.2d 570, 573 (Fla. 3rd DCA In Florida, the first grandparent visitation legislation was enacted in......
  • Behn v. Timmons
    • United States
    • Florida District Court of Appeals
    • May 3, 1977
    ...126 (1925); Lee v. Kepler, 197 So.2d 570 (Fla.3rd DCA 1967); Rodriguez v. Rodriguez, 295 So.2d 328 (Fla.3rd DCA 1974); Sheehy v. Sheehy, 325 So.2d 12 (Fla.2nd DCA 1975); and Roberts v. Davis, 328 So.2d 879 (Fla.2nd DCA 1976). Although the author of this opinion is not in accord with the for......
  • Griss v. Griss, 87-1454
    • United States
    • Florida District Court of Appeals
    • May 3, 1988
    ...has been awarded to a fit parent is unjustified and unenforceable." Bates v. Wishart, 512 So.2d at 979, quoting Sheehy v. Sheehy, 325 So.2d 12, 12 (Fla. 2d DCA 1975). Predictably, the Florida Supreme Court has granted review of Bates. No. 71,370 (Feb. 16, 1988).3 Representative Peter Deutsc......
  • Moore v. Trevino, 90-3050
    • United States
    • Florida District Court of Appeals
    • December 30, 1992
    ...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......
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1 books & journal articles
  • Happiness is being a grandparent? The evolution of grandparent visitation in Florida.
    • United States
    • Florida Bar Journal Vol. 71 No. 10, November - November 1997
    • November 1, 1997
    ...if it granted visitation rights to a nonparent of a child whose custody had been awarded to a fit parent. Sheehey v. Sheehey, 325 So. 2d 12 (Fla. 2d DCA In 1978, the Florida Legislature first modified F.S. [sections]61.13 to allow a trial court to award grandparent visitation as part of a m......

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