Grandparents’ Rights Attorney in FL
A grandparent can have a unique and loving relationship with a grandchild. A relationship that, if severed, may be painful and detrimental to both parties. Unfortunately, when a child’s parents divorce, a grandparent may lose the right to see their grandchild for a number of reasons. For example, one parent may move to a new state where the grandparent is not located, bringing the child with them. Or, one of the parents may not want the grandparent to spend time with the child any longer.
If you are a grandparent who has had the opportunity to spend time with your grandchild revoked, the experienced team at The Law Offices of Robert Stepniak can help. Please call us today to learn more about your rights related to visitation.
What are Grandparents’ Rights?
Unfortunately, grandparents have very few rights related to time with their grandchildren in Florida, unless certain circumstances exist (discussed in more detail below). Typically, in order for a grandparent to have visitation with a grandchild, they will need to reach an agreement with the child’s parents. If a parent has cut off visits, our lawyers recommend attempting to reach an agreement with the parent before going to court, as doing so can be time-consuming, expensive, emotional for all parties involved, including the child, and may be ineffective.
Petitioning for Visitation Under Florida Law
As found in Florida Statutes Section 752.001, a grandparent may only petition for visitation with a minor child when:
- The parents of the minor child are deceased, missing, or in a persistent vegetative state; or
- One parent is deceased, missing, or in a persistent vegetative state and the other parent has been convicted of a felony or a violent crime that poses a threat to the child’s wellbeing.
If the above criteria are satisfied, then a grandparent can petition for visitation. However, once the petition is filed, the grandparent will have the burden of proving to the court that the grandchild maintaining a relationship with the grandparent is in the child’s best interests, that one parent is unfit or that there is significant harm to the child, and that visitation with the grandparent will not harm the parent-child relationship.
Work with a FL Grandparents’ Rights Lawyer to Learn More
The courts are not particularly friendly to grandparents who have been denied visitation rights with their grandchildren unless there are certain extenuating circumstances. If you are a grandparent who has been denied visitation with your grandchild and you want to learn more about your rights and your options, please do not hesitate to call our experienced family law attorney at The Law Offices of Robert Stepniak. We can help you navigate the law and fight for your rights.
Turn to our attorney for trusted legal guidance.
at (386) 253-4750.