What rights do grandparents have in Florida?
Assuming that the parenting rights of both parents for their minor child have not been suspended or terminated (such as when a parent goes to jail or a parent is found responsible for neglecting or abusing a child), grandparents do not have many rights to the minor child if the parents do not want them to have these rights. Some active duty military personnel divorce exceptions can apply. In general, it is the constitutional right of a parent to decide whether or not a grandparent is going to be a part of their minor children’s life.
A typical situation involving grandparents’ rights is where one parent, for example the father, is solely taking care of the children because the mother is absent. The absent mother’s parents have no legal right to care for the children. Their involvement is typically up to the discretion of the father.
The best way that grandparents can access time and rights to their minor grandchildren is either during their children’s time with the minor grandchildren or, by the agreement of both of the parents of the minor grandchildren. All of this ends when children become adults at age 18.
Could having a Grandparents’ Rights attorney help a grandparent get custody of their grandchild?
Yes, but you have to have the correct surrounding circumstances, consents or leverage. Sometimes this issue arises when the minor child is taken away from his or her parents by the department of Children and Families (DCF). The grandparents and other family members then often have priority over foster parenting.
If grandparents have already been given rights and now the parents want to take those rights away, can they?
It depends. If the parents have been appropriately rehabilitated (or have returned from an absence) then they may be allowed to reassert their rights over their minor children. This determination is dependent on the particular surrounding circumstances. Court’s typically make these decissions.
If you are seeking to initiate or maintain a relationship with your grandchildren and would like to know your rights, please call the Anton Legal Group at (813) 443‑5249 to discuss your potential case.