Florida Grandparents' Rights Lawyers
While parenting plans typically focus on dividing the time a child spends with each parent, grandparents in the state of Florida do have the right to petition for visitation. In many cases, the courts will grant grandparents visitation, particularly if the bond between the grandparent and child is strong.
In some cases, however, grandparents may be denied the right to visitation during the divorce proceedings. In these events, grandparents will have to file a petition with the county in which the child lives to seek visitation rights.
If you are a grandparent who seeks visitation rights, contact the family law attorneys at Troum & Wallsh for experienced legal guidance. Practicing family law for more than two decades, our highly skilled child custody lawyers are dedicated to standing up for your rights to ensure you get the visitation you deserve.
Supreme Court Weakens Florida Grandparents' Rights Law
In recent years, the Florida Supreme Court has ruled against certain parts of laws regarding grandparent rights in Florida:
- In December 2009, the Florida Supreme Court ruled that an intact family is legally allowed to stop grandparent visitation (Beagle v. Beagle).
- In October 2002, the Florida Supreme Court ruled that a widowed parent who remarries (and, thus, recreates an intact family) has the right to terminate visitation of the grandparents (the deceased wife's parents) (Von Eiff v. Azicri).
These two judgments have, within the past eight years, dramatically chipped away at the rights of grandparents when it comes to child custody issues in Florida. Consequently, many are calling for the passage of new legislation that will re-secure the visitation rights of grandparent.
Factors Affecting Florida Grandparents' Rights
Elements that can play a role in whether courts grant grandparents the rights to visit their grandchildren include:
- The relationship between the child and the grandparent
- The relationship between the parent (or the person with whom the child is living) and the grandparent
- How long it has been since the child has spent time with the grandparent
- Whether granting visitation will negatively affect the relationship between the child and his parents
- The parents' existing time sharing plan
- The grandparent's good faith and moral foundation
- Whether the grandparent has a history of neglect, as well as physical, emotional or sexual abuse
In all cases of child custody, the court will always rule in the best interest of the child.
Trusted Name For Florida Family Law
Those seeking grandparent visitation should consult with one of our experienced Florida custody attorneys to ensure that your rights are fully protected at every stage of the legal process. Cases involving grandparents’ rights tend to be more complicated then other family law issues. It is therefore important to contact a grandparent's rights attorney who has experience with these types of case in Florida.
Office Location
2450 Maitland Center Pkwy #303
Maitland, FL. 32751
Phone: (866) 433-1087
Fax: (407) 644-5511