Having consistent grandparents in a child’s life helps them feel secure and cared for. Unfortunately, family upheaval is common and sometimes results in children being denied visitation rights.
In certain circumstances, Florida law permits grandparents to file a petition for visitation rights. However, if a grandparent seeks custody or visitation, they must demonstrate that it is in the child’s best interests.
Child Custody
In a few specific, limited circumstances, grandparents in Florida can ask a judge for visitation rights. However, it’s important to remember that with the proper support and resources, families can navigate this process positively and constructively, prioritizing the well-being of all family members. Parents often get caught up in their emotions and sometimes forget what is best for their child. When this happens, a Volusia County family law attorney may be able to help.
Florida grandparents can seek judicially-ordered visitation rights in certain circumstances. When grandparents seek visitation rights, the Court considers several factors to determine if it will affect the parent-child relationship. It is crucial for grandparents who wish to assert their rights to familiarize themselves with this list and gather evidence that will support each factor.
If a grandparent is awarded visitation rights, they must work with the caseworker assigned to arrange visits and are responsible for transportation costs. In addition, grandparents with a strong bond with their grandchildren can ask the court for temporary custody over a parent’s objection if sufficient evidence shows that the parent is abusing or neglecting the child.
Visitation Rights
A parent’s decision to limit or prohibit grandparents’ visitation rights is severe and should be taken very seriously by the Court. It can also signify that a parent may risk the child’s well-being.
Under Florida law, grandparents can ask a judge for visitation rights in limited situations. One example involves a child being removed from the parent’s home. In this case, the grandparents must prove that the parental decision not to allow visitation harms the child’s health and safety.
Another instance where grandparents can seek visitation is if the natural parent has died. It requires the maternal grandparents to show that the children will be harmed if they are not allowed to spend time with their maternal grandmother.
When you are looking to obtain visitation rights with your grandchildren, you must work with an experienced family lawyer. Alternative dispute resolution techniques, like mediation or bargaining, can lessen the stress of this challenging and stressful circumstance and are frequently more beneficial than going to court.
Guardianship
Florida law allows grandparents to seek full or partial custody of their grandchildren if they can prove that the child’s parents or legal guardian are unable or unwilling to care for them. It allows the grandparents to step in and prevent the child from falling into the state’s system.
The statute lists several factors the court must consider before granting visitation rights to a grandparent. A grandparent considering filing for visitation should review these factors and gather evidence to support each one.
Establishing a guardianship involves two separate hearings: the Petition to Determine Incapacity and the Petition to Appoint a Guardian. The Petition to Determine Incapacity requires that the Court evaluate the alleged incapacitated person’s mental and physical health and perform a functional assessment. It is essential to consult with a skilled attorney to smooth this process. After being chosen, the guardian will choose the ward’s social and medical needs.
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