Do Grandparents Have Rights in Florida?

Nov 10

Written By

When children have been removed from their parents’ custody in Florida, getting them back is a challenge. Parents must prove they can care for their children before regaining access.

However, one group that often feels left out of the equation is grandparents and step-grandparents. Losing access to your grandchildren is gut-wrenching, but you’re not without legal options.

Today, we’re discussing grandparents’ rights in Florida.

The requirements for visitation for grandparents

When parents lose custody of their children, the kids often lose access to other family members, too. And, just because you love your grandchildren, you’re not guaranteed visitation rights in Florida.

Some strict guidelines must be met before a judge will grant visitation in these cases. While parental rights have primary consideration, a child’s well-being is given nearly equal weight.

In order for a judge to grant regular visitation to grandparents, great-grandparents, and step-grandparents, they consider several factors.

Written consent must be present

Parents may present written consent to a judge documenting that they’re allowing visitation. It must be in the child's best interest, and the relationship is usually already well-established before a judge will agree.

The child’s parents have passed away

Children whose parents have passed away may not be in the care of family members for various reasons. Grandparents, in these cases, can petition for visitation. Judges will consider it as long as it’s in the child's best interest.

A child’s parents are physically incapable of caring for the child

When a child’s parents are physically incapacitated, dead, or in a vegetative state, you have a case for visitation. Grandparents can petition for access if one parent cannot care for the child and the other is unfit.

If abuse has been present in the child’s life

Children who’ve been abused by their parents are in a delicate state already. Judges may grant visitation if their grandparents have contributed to their emotional well-being.

What the court will consider with grandparent visitation rights

The most important factor that courts consider when re-establishing visitation for grandparents is the child’s well-being. Even when a parent previously terminated access, a court can rule otherwise.

What is the relationship between the child and grandparent?

A previously existing relationship between the child and grandparent is considered in visitation rulings. Judges examine whether there’s been a history of love, affection, emotional stability, and support. They’ll also view time spent together as part of their deliberations.

If the deceased parent has written concern over the grandparents

When a deceased parent has documented concerns about a grandparent’s visitation with their child, it’s given a lot of weight. If there’s a history of abuse, drug use, or other factors that led the parent to terminate visitation, it could impact your petition.

A parent’s reasoning for terminating visitation from grandparents

Even when a child is still in their parent’s custody, they can deny visitation to grandparents. If a petition is brought before the court, their reasons are viewed and considered. Usually, they suggest mediation between parties to resolve the conflict.

If mediation fails, the court makes a ruling that both parties must abide by.

Legal actions grandparents can take

Several circumstances might cause you to take legal action to see your grandchildren. Whether through loss of custody, separation and divorce, or disagreements, you can intervene.

Start filing a petition

Working with legal counsel, you can start by filing a petition with the court. You’ll have the opportunity to present your case at a preliminary hearing. You’ll need to provide documentation of the relationship with your grandchild. Additionally, you’ll have to give specific reasons why you’re seeking visitation.

The case will move forward if a court rules that your petition is proven. If it’s not, then it’ll be dismissed by the judge.

Intervene in a custody case

During divorce or custody cases involving your grandchildren, you can intervene. Your legal counsel will advocate for your visitation rights during the proceedings. This can be a complicated process, but it’s sometimes necessary.

If parents settle on shared custody, and you’ve got a positive relationship with one party, they can allow visitation. Even if the other party doesn’t agree to that, as long as the child’s health and welfare aren’t compromised, they can’t withhold visitation.

Hire a family law attorney to guide you through a case

As you can see, this is a complex and divisive issue for both parents and grandparents. Engaging the services of a family law attorney is often your best chance at preserving relationships.

They’ll be able to work with the other legal counsel involved to advocate for the child and, hopefully, your access to your grandchild.

Busciglio Sheridan & Schoeb is here to change your mind about law firms!

Child custody and visitation are deeply emotional issues that have long-term consequences. When you feel that you’ve lost access to your grandchildren, several options are available to you. Busciglio Sheridan & Schoeb have a team ready to help you restore visitation. Our expertise in family law allows us to approach each case with empathy and provide the best legal resources at our disposal.