Grandparents: Your visitation rights when the parents are divorcing

Know when your rightsMost states have passed laws regulating the visitation rights of a grandparent (or great-grandparent). Unfortunately, most of that legislation gets repealed or stricken due to the idea that those laws infringe on the rights of the parents. So, as a grandparent, do you have any rights at all? The answer is “Yes!” Under certain circumstances, you may still have visitation rights to your grandchildren!

According to the 2005 Florida State Code, section 752.01, when a grandparent files a petition for visitation rights of a minor child, the courts will award reasonable visitation right to the grandparent when it is in the child’s best interest under certain conditions.

How do they determine if it’s in “the child’s best interest?” To determine this, the courts consider:

  1. The willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents.
  2. The length and quality of the prior relationship between the child and the grandparent or grandparents.
  3. The preference of the child if the child is determined to be of sufficient maturity to express a preference.
  4. The mental and physical health of the child.
  5. The mental and physical health of the grandparent or grandparents.
  6.  Such other factors as are necessary in the particular circumstances.

Unfortunately, this act does not provide for grandparental visitation rights for children placed for adoption under chapter 63 except as provided in s. 752.07 with respect to adoption by a stepparent. [1]

If you or someone you know is considering their rights in regards to grandchildren, please, contact Anton Legal Group for a consultation to answer your questions. You may have more rights than you think!

David Anton is a third generation Tampa Bay attorney who has handled all aspects of dissolution actions since 1985. 

 

FOR FAMILY LAW LEGAL ADVICE, PLEASE FEEL FREE TO CONTACT DAVID ANTON OF THE ANTON LEGAL GROUP AT 813-443-5249.

[1] http://law.justia.com/codes/florida/2005/TitleXLIII/ch0752.html