Florida law provides legal options for grandparents who want to maintain relationships or step in when parents cannot provide safe, stable care. In many families, grandparents play an integral role in the upbringing of their grandchildren, providing love, support, and stability. Whether by assisting with raising their grandkids or spending quality time with them, grandparents provide emotional and financial support. However, if a parent dies or if the child’s parents divorce or otherwise abandon the children, the grandparents may be uncertain about their child custody or visitation rights.
In Florida, a grandparent is defined by the law as any parent of a minor child’s parent. Under Florida law, grandparents do not have visitation rights in divorce cases unless the divorcing parents agree to the visitation. Grandparents are allowed to request visitation when:
- One or both parents are deceased, missing, in a vegetative state, or convicted of a criminal offense.
- The grandchild is considered dependent and has been removed from the parent’s physical custody.
- The grandparent seeks to terminate the biological parent’s parental rights and adopt the grandchild when the parents have abused, neglected, or abandoned the child (their grandchild).
Florida courts prioritize parental rights, so grandparents must meet specific legal criteria to petition for custody or visitation. Grandparents may seek temporary or permanent custody, and visitation rights for grandparents are typically available when a parent has passed away or the parents’ marriage has been dissolved.
Consulting with an experienced Florida family law attorney is the best way to learn how to assert your rights as a grandparent. In cases of parental unfitness, abuse, or other circumstances, legal pathways do exist for grandparents’ rights to be recognized.
Sara Horowitz Law offers free initial consultations so grandparents can understand their legal position before making any critical decisions. If you’re being kept from a grandchild, don’t wait to understand your options or the legal process, which may include filing a petition, court hearings or mediation.
Sara Horowitz Law has dedicated our practice to offering reliable, cost-effective legal services as well as thoughtful guidance to clients in a variety of different family law-related matters, including grandparents’ rights cases. Whether you’re trying to establish child custody or a visitation schedule, our team will fight passionately and diligently for the best interests of both you and your grandchild.
If you or someone you know wishes to learn more about their rights as a grandparent, reach out to our firm at (954) 300-1602 to schedule a confidential, one-on-one consultation. Our dedicated family law attorney is committed to offering comprehensive legal guidance and advocacy in matters related to grandparents’ rights. To understand the factors considered by the court, contact Sara Horowitz Law today. We will examine how the law applies to the specific circumstances of your situation.
