Grandparents Rights in Florida

Can a Parent Deny a Grandparent Visitation in Florida?

While grandparents do not have statutory rights to visitation with their grandchildren in a dissolution of marriage action in Florida, they may privately petition the family court for temporary custody of a grandchild if a parent is unfit or unable to care for the child. The grandparents may also be entitled to receive child support payments from each biological parent during the period they are responsible for the care of their grandchildren.

In addition, in Florida, grandparents may be granted custodial rights, also known as “third-party custody,” under certain circumstances. However, these circumstances are relatively rare, and the legal process for obtaining custody as a grandparent can be complex.

How Grandparents Can Get Custody of Grandchild in Florida

To obtain custody as a grandparent, the grandparent must show that the child’s parents are unfit or that living with them would be harmful to the child. This typically requires evidence of abuse, neglect, or other serious issues affecting the child’s well-being.

Under Florida law, a grandparent may seek custody of a grandchild in the following situations:

The grandchild has been living with the grandparent for an extended period of time, and the grandparent has been acting as the child’s primary caregiver;

The grandchild’s parents are unable or unwilling to care for the child due to substance abuse, mental illness, incarceration, or other reasons;

The grandchild’s parents have voluntarily relinquished custody or had their parental rights terminated by a court;

The grandchild is being abused, neglected, or abandoned by their parents.

In any case, the grandparents must file a petition for custody with the court and prove that it would be in the child’s best interests to live with them instead of their parents. This typically requires the presenting of evidence of the parents’ unfitness or inability to provide a safe and stable home for the child.

It is important to note that Florida courts prioritize the parent-child relationship and generally prefer to keep families together whenever possible. Therefore, obtaining custody as a grandparent can be a challenging process, and it is crucial to work with an experienced family law attorney who can guide you through the legal system and advocate for your rights and the best interests of your grandchild.

In addition, grandparents may petition the court for visitation, however, they must prove that denying visitation would harm the child’s mental, physical, or emotional health.

It is important to note that Florida’s grandparent visitation law only applies to the grandparents of a minor child, not to great-grandparents or other relatives. Furthermore, even if the grandparent meets the legal requirements for visitation, the court will consider the best interests of the child before deciding.

You as grandparents may find yourselves in this type of custody situation related to your grandchildren, whether it is an action to terminate the biological parent’s rights or a “dependency” proceeding in which the goal is to reunite the children with their biological parents.

Loftus Law is Experienced in this Legal Space

Legal protections are afforded both you and your grandchildren, under Florida law. It is important that you work with an attorney who is experienced in these types of cases. Ms. Loftus, a Sarasota Attorney, can guide you through the legal process and provide you moral support as you navigate your way through the emotional and financial hardships that you may experience in this process.