Do Grandparents Have Rights in Florida Family Law?

by | Jan 27, 2023 | Blog, Family Law |

When it comes to family law in Florida, grandparents often have questions about their rights and the ability to have a relationship with their grandchildren. In this blog post, we will explore the rights of grandparents in Florida and the circumstances under which they may seek court-ordered visitation or custody.

In Florida, grandparents have the right to seek court-ordered visitation with their grandchildren under certain circumstances. These circumstances include:

The death of one of the child’s parents
The divorce or legal separation of the child’s parents
The child has been in the care of the grandparent for a significant period
The child’s parents have abandoned the child
The child’s parents have had their parental rights terminated
The child is at risk of harm if not in the care of the grandparent

It’s important to note that in Florida, the court’s primary concern is the best interest of the child. Therefore, even if a grandparent meets one of the above criteria, the court will still consider whether it is in the best interest of the child to award visitation to the grandparent.

In addition to the right to seek court-ordered visitation, grandparents in Florida may also seek court-ordered custody of their grandchild under certain circumstances. These circumstances include:

The child’s parents are unable or unwilling to provide proper care for the child
The child has lived with the grandparent for an extended period
The child has a strong bond with the grandparent
The child is at risk of harm if not in the care of the grandparent
It’s important to note that in cases involving custody, the grandparents must prove that it is in the best interest of the child to award them custody.

If a grandparent is seeking visitation or custody, it’s important to consult with an attorney who is well-versed in Florida family law. An attorney can advise you on the best course of action and help you navigate the legal process.

It’s also important to note that grandparents in Florida have the right to be notified of any proceedings involving the child, including adoption proceedings. This means that if a grandchild is being adopted, the grandparents have the right to be notified and to object to the adoption if they so choose.

In conclusion, grandparents in Florida do have rights when it comes to their relationship with their grandchildren. They have the right to seek court-ordered visitation and custody under certain circumstances, and they also have the right to be notified of any proceedings involving their grandchild. It’s important to consult with an attorney well-versed in Florida family law if a grandparent is seeking visitation or custody or if they want to object to adoption proceedings. Remember, the court’s primary concern is always the best interest of the child, and grandparents must prove that their relationship with the grandchild is in the best interest of the child. 

If you are a grandparent in Florida and have questions about your rights in relation to your grandchild, reach out to the experienced attorneys at The Holman Law Firm. Our team is well-versed in Florida family law and can advise you on the best course of action for seeking court-ordered visitation or custody, or for being notified of and objecting to adoption proceedings. Don’t navigate the legal process alone, contact us today at www.holmanfirm.com to schedule a consultation and learn more about how we can help you secure your relationship with your grandchild.

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