Von Eiff v. Azicri: An Important Step in the Refinement of Grandparent Visitation Analysis

Abstract:     
This article examines the effect of the Florida Supreme Court's opinion in Von Eiff v. Azicri, 720 So.2d 510 (Fla. 1998) on grandparent visitation law, both in Florida and nationally. It explores Von Eiff's conceptualization of the parental privacy rights at stake in a grandparent visitation suit, and details the evolution of logic and caselaw that led inexorably to its conclusions. This article also focuses on Von Eiff's explication of a clear and workable "harm standard" that both protects parental privacy and also harmonizes grandparent visitation law with other areas of family law. Finally, the article notes Von Eiff's practical significance in light of the incomplete guidance provided by the United States Supreme Court's decision in Troxel v. Granville. Von Eiff's analysis provides a thoughtful model of how constitutional standards may be applied to grandparent visitation statutes - and why those statutes must inevitably fail.

Number of Pages in PDF File: 35

Accepted Paper Series