Grandparent visitation rights in Florida

Grandparents tend to have a big impact on their grandchildren, as do grandchildren on their grandpas. When the relationship between the parents comes to an end, grandparents, who are greatly accustomed to having frequent access to their grandchildren, can be emotionally affected. In these cases, parents would have to give the grandparents visitation rights.

In Florida, parents can choose not to allow grandparents to visit their children, and in such situations, it can be really difficult for grandparents to spend time with their grandchildren since they don’t have the fundamental right to visitation. There are however, exceptions to this rule, and in this article, we’ll go through them, to gain a better perspective overall.

Can grandparents petition for visitation rights?

In Florida, only in a few circumstances, a court will grant grandparents the right to visitation against the parents’ wishes. Under Florida Law, the visitation of grandparents and even step-grandparents is permitted within reasonable limits as long as it serves the best interest of the child.

Under Florida Statute 752.011, grandparents can also petition for visitation if:

 The child’s parents are unfit (as expressed by the law)

 The child's parents are dead or missing (meaning their whereabouts are unknown for at least 90 days)

 The parents or parent with custody has been convicted of a felony or violent offense (indicating there’s a danger to the child’s health or welfare)

If grandparents wish to petition the court for visitation rights, they have to file the petition alleging that the parents are unfit. After the filing, a preliminary court hearing will be held, where to court will determine whether the petitioner can prove that the parents are unfit according to the a fore noted criteria. If sufficient evidence is demonstrated, the court might summon the parents, grandparents, and their attorneys to try to mediate and negotiate an agreement.

If the mediation fails, the court will make a final decision based on the children’s best interests as well as the following criteria:

 The relationship between the child and the grandparent, in regards to their emotional ties.

 Whether the grandparent has an established and ongoing relationship with the child

 The reasons that the parent decided to terminate the contact or visitation between the grandparent and the child

 Any written testimony that would further prove the allegations made by either side. It is important to have the assistance of an experience attorney for any issues concerning grandparents’ visitation rights in Florida, for it can be very difficult for grandparents to obtain visitation rights, especially if the parents have cut off the relationship.

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