TALLAHASSEE Grandparents’ Rights Attorneys
Advocates for You and Your Family
Grandparents rights in Florida are complex and require the legal counsel of an experienced attorney. Whether you would like child custody or visitation rights, you will need to meet specific criteria. In some instances, where the parents are unfit to take care of your grandchild, there is the possibility you could be awarded custody, however, this is rare.
Do Grandparents Have Visitation and/or Custody Rights in Florida?
Grandparents do have these rights, under certain circumstances. If both parents are deceased, have gone missing, or are incapacitated, or one parent meets those circumstances and the other parent has been convicted of a felony (or other serious offense that could harm a minor child), then the grandparents can pursue custody and/or visitation rights.
What to Know About Grandparents’ Custody Rights
If you are a grandparent and you want to file for custody of your grandchild, you must prove that you have a parent-child relationship with your grandchild. Part of this requirement asks that you show how you have taken on a parental role for your grandchild and why you did so. Additionally, the grandchild’s parents must be proven unfit or dangerous in court.
It is important to note that if both parents are denied parental rights, grandparents are often given priority to adopt their grandchild.
What to Know About Grandparents’ Visitation Rights
As a grandparent, you can file for court-ordered visitation rights if you have been denied them. You will have to prove that these visitation hours will be in the best interest of your grandchild. If your grandchild’s parents have given you visitation time, however, you cannot request more time just because you would like more hours.
Florida law will not override parental rights unless denying grandparents’ visitation time goes against the child’s best interests. Grandparents can seek visitation if the parents are incapacitated, have gone missing, or have died.
For additional information, get in touch with our office online or call us at (850) 307-5211 to speak with an attorney about your options.