Introduction
Under Florida law, grandparents, including step-grandparents, are entitled to reasonable visitation with their grandchild if the child has been removed from their parent’s custody. However, their visitation must be in the best interest of the child.
Grandparents relations with their children are a very important part of your life, but situations like legal affairs and divorce have ruined it. It is very challenging for the whole family to go through difficult situations like divorce, legal separation, denial of meeting children, and other restrictions set by the state of Florida.
Obtaining visitation rights for grandparents is very difficult, especially after the announcement of visitation laws by the Florida government. However, obtaining the rights with a mutual decision of parents and step-parents about who can visit their children is possible. The situation can be different and must be held under a legal process.
Parent and Grandparent Visitation
1. Requirements for Grandparents’ Visitation Rights in Florida
As we have mentioned above, this process must follow the legal requirements for grandparent’s visitation rights in the state of Florida. There are 4 basic requirements that each must follow to decide whether they can see each other or not.
- Written consent about the grandparents’ visitation
- Proof that the child’s parents are not fit (abused or neglected the children)
- Parents have passed away.
- Parents are missing or in a vegetative state.
2. Legal Options for Grandparents Seeking Visitation Rights
There are many legal options available to grandparents seeking visitation rights in Florida.
The first option is to get involved in filing a petition. The court will start the preliminary hearing in which you’ll have to present the evidence and reasons for seeking visitation rights. Next, the court will decide whether your evidence proves your rights. Otherwise, your case will be dismissed.
3. How to Apply for Grandparent Rights in Florida
To apply for grandparent rights in Florida, you must follow these steps:
Step 1: File a petition explaining that the child’s parents are not fit.
Step 2: Attend the preliminary hearing in which the court determines whether your evidence fits the criteria or not. If it doesn’t, the case will be closed immediately. Sometimes, the court will impose some fees (attorney or hearings) on you.
Step 3: If the judge of the case allows it to proceed further, you need to provide even more evidence.
Step 4: Once the request is approved, the court will grant the grandparent visitation rights under various conditions.
It is important to remember that the court may charge fees for hearings and other legal services. It is recommended to consult a local grandparent or a family lawyer in Orlando, Florida.
4. Laws on Parents Denying a Grandparent Visitation
If the parents have refused the request for visitation to their child, the grandparents may have very limited options unless the requirements are met. These are the requirements that must be met in case of any refusal from the parents:
- The parents are unfit.
- The child’s health or well-being is at great risk.
- The parents are missing or deceased.
In such cases, it is important to file for grandparent’s rights in Florida. Moreover, a local family attorney can guide you throughout the process.
5. Get help from a family attorney
Florida’s government has some strict laws for grandparents, so it is important to consult a lawyer. A family lawyer can assist you with the best approach if it involves:
- Custody rights
- Parental unfitness
- Any other legal issue
Frequently Asked Questions
Q1. What are grandparent rights in Florida?
The government of Florida has given rights to the grandparents that they can request visitation only if the child is unfit, missing, or deceased. If the criteria are not met, the rights will not be given to the grandparents.
Q2. The grandchildren live in Georgia; her grandmother lives in Florida. Which grandparent rights apply?
In the USA, each state has different laws, regulations, and rights, especially for grandparents. In general, the laws of the current state where the children are living apply to them.
Q3. What rights do grandparents have in Florida if they have physical custody of a grandchild?
As per the court’s decision, if the grandparents have custody, they may have adoptive rights and legal guardianship.
Q4. What rights does a teenager in Florida have to demand to see their grandparent?
In most cases, the teenager cannot demand visitation in Florida. However, they can apply or request a visit, and the judge may consider their opinion if a legal case is filed.
Q5. What rights does a grandchild in Florida have to demand to see their grandparent?
In Florida, a grandchild cannot request to see a grandparent; however, the grandparents can petition for visitation under various conditions, including:
- The child is adjudicated as a dependent
- The child is removed from parental custody
The US court focuses on the authority of the parents and the child’s well-being.
Q6. What rights does a grandparent have in Florida?
Normally, the grandparents have limited rights in Florida unless they meet certain conditions:
- Grandparents can petition for visitation
- Grandparents can petition for custody of their grandchild if one parent is in the state and the other one is a convicted felon.
Q7. Does a parent have a right to know who is around their child?
Yes, the parent has a right to know about their child during visitation hours. The rights can be limited by custody or parents’ safety regulations.
Conclusion
Florida state has limited rights for grandparents that require legal proof and fulfillment of the requirements before the visitation request is granted. If you are looking for grandparents’ visitation rights, you must have strong evidence and a good reason that visitation is the best for the child. New laws for grandparents’ rights in Florida are changing as the state continues to prioritize parental rights over grandparent visitation. So, it is important to hire an experienced local attorney throughout the process.
