Grandparents often want to maintain close relationships with their grandchildren, especially after significant family changes such as divorce. Under such circumstances, they may be unsure about their rights to see their grandchildren. Securing grandparents’ visitation rights in Florida can be difficult, particularly as parents have control over visitation.
The opportunity to spend time with their grandchildren may seem beyond their reach. However, understanding the law can help grandparents recognize their options and determine how to proceed with securing visitation rights.
Situations that may grant grandparents visitation rights
Grandparents’ visitation rights in Florida typically rely on the parents’ situation. Parents who abuse, neglect or endanger their child can lose custody and parental rights. If a child has been removed from their parents, grandparents who wish to continue seeing them must petition for reasonable visitation first.
Additionally, grandparents may also seek visitation if both parents pass away, go missing for at least 90 days or are in a vegetative state. They may also be granted visitation rights if one parent is unavailable and the other has been convicted of a felony or violent crime that threatens the child’s safety.
However, it can be challenging if both parents are present and one of them denies visitation by the grandparent. Grandparents in do not automatically have visitation rights and parents control access to their children.
How to petition for visitation
When seeking visitation rights, grandparents must first review the existing custody agreement. There are two types of custody: physical custody, which refers to where the child lives, and legal custody, which determines who has the authority to make important decisions for the child. If both parents have custody and agree on visitation, the process may be straightforward. If not, grandparents may attempt to facilitate open communication and hopefully reach a resolution. If they fail, grandparents may need to petition the court for visitation rights.
Regardless of the scenario, grandparents pursuing visitation rights should consider seeking legal advice to ensure they fully understand their rights and options. A family law attorney can provide valuable guidance and help grandparents determine the best course of action.
While understanding family law, particularly Florida’s visitation laws, can be complex, there are resources available that may provide clarity.