Grandparent’s Right

Grandparent’s Right

Grandparents in Florida can obtain custody or visitation rights by petitioning the court. If a grandparent feels that their grandchild is being mistreated, neglected, or abused by his or her parents, they can ask the court for custody. Likewise, a grandparent can request visitation rights to see their grandchildren after a divorce or legal separation. If you are a grandparent who has lost touch with your grandchild due to his or her parents, we would welcome the opportunity to meet with you and to inform you of your grandparent rights. In the past, the laws were not as favorable toward grandparents, but much has changed in recent years. Let our attorneys and paralegals take the time to listen to your story and provide you with the legal direction you need to restore your bond with your grandchildren. Contact Alliance Legal Group today to set up a no-charge consultation at (877) 560-4440. Determining Grandparent Rights When determining grandparent rights, Florida courts will consider what is in the best interest of the child first and foremost. A grandparent may be granted visitation rights as part of a divorce, but when visitation is denied during a divorce or simply overlooked, a grandparent can still petition the court for visitation rights. When considering a grandparent’s petition, a Florida judge will consider these factors: What is the personal and emotional relationship between the child and the grandparent? What is the relationship between each of the child’s parents or the person whom the child is currently living with and the grandparent? How long has it been since the grandparent last had contact with the child? What effect will visitation have upon the child, the child’s parents, and/or the person with whom the child currently lives? What is the time sharing arrangement between the parents regarding the child? Is the grandparent petitioning for visitation rights in good faith? Does the grandparent have any history of physical, emotional, or sexual abuse or neglect? After considering these factors, if a judge determines that visitation with the grandparent is in the best interest of the child, visitation rights will be granted. A grandparent can also petition for custody of the child. Such a petition is much less likely to be granted unless evidence can be provided which shows abuse, neglect, or mistreatment of the child by the child’s parents or current guardian. Florida courts would always rather have children with family members as opposed to in the foster care system, so grandparent custody can be an ideal situation if the parents are not fit to watch over their child. If your son or daughter has recently divorced or separated, contact our office to learn more about your grandparent visitation rights. We can also help if you think it is in the best interest of your grandchild to be in your custody. Even if you don’t decide to retain our services, we can offer you free helpful advice and point you in the right direction. Call today at (877) 560-4440 to talk to a friendly, understanding family lawyer.