When the relationship between parents dissolves, it can have a significant impact on other family members, especially grandparents who are accustomed to having easy and frequent access to their grandchildren. In many cases, the parents will continue to give the grandparents visitation rights.
However, if the parents choose not to permit the grandparents visitation with the children, it may be difficult for the grandparents to have time with their grandchild. This is due to the fact that a grandparent does not have a fundamental right to visit with their grandchild.
There are, however, some states that allow grandparents to file a petition for a court order to obtain visitation rights. In general, a court may determine whether or not to grant grandparent visitation rights based upon:
- The relationship between the grandparents and the parents;
- The relationship between the grandchild and the grandparents;
- Whether granting grandparent visitation is in the best interests of the child.
Since there is no inherent legal right to visitation for grandparents, each state will impose different requirements and limitations on grandparent visitation. Some states only grant grandparent visitation in very limited circumstances.
In the State of Florida, the circumstances are limited. If an individual has any questions about grandparents’ rights in Florida, they should consult with a local Florida attorney.
What Is a Brief History of Florida’s Grandparents’ Visitation Rights?
In past years, a family court in Florida would permit grandparents to seek visitation rights under two conditions. These included:
- Whether doing so was in the best interests of the child;
- If one of the following circumstances was present:
- The parents were divorced;
- The parent had deserted the child;
- The child was born out of wedlock.
Currently, in Florida, grandparents are permitted to file a petition for an order that allows visitation only under these specific circumstances:
- The child is a minor;
- Both parents are deceased, missing, or in a persistent vegetative state;
- Both parents are deceased, missing, or in a persistent vegetative state, AND the other parent has been convicted of a felony or an offense of violence, evidencing behavior that they pose a substantial threat of harm to the child.
What Does Missing and in a Persistent Vegetative State Mean?
The term missing in this context means that the whereabouts of the parent have been unknown for at least 90 days. The grandparents have an affirmative duty to inquire as to the parent’s whereabouts, which is imposed by law.
Though this is not an exhaustive list, the grandparent must inquire regarding the parent’s location with:
- Other relatives;
- Hospitals;
- Recent employers;
- Law enforcement;
- Hospitals; and
- Relevant agencies such as the Post Office.
A persistent vegetative state is a permanent and irreversible condition of unconsciousness. This may include being in a coma or on life support.
Can a Parent Deny a Grandparent’s Visitation?
Grandparents’ rights over their grandchildren are not as extensive as the rights parents have over those children. Most states do provide limited rights to grandparents who seek to have visitation with their grandchild.
The majority of courts will likely assume that it is in the grandchild’s best interest to maintain contact with and develop a relationship with grandparents who are able to provide a healthy and safe home environment. However, if the parent can demonstrate that visitation may be harmful to the child, such as if the grandparent has an addiction issue, a court may be more likely to deny visitation.
In the State of Florida, the child’s parents do have the authority to decide who can and cannot see their children.
When May Grandparents File for Visitation Rights in Florida?
In the State of Florida, by statute, grandparents are permitted to file for a court order with the local family court to allow them visitation rights in specific circumstances. The court will examine whether the grandchild’s parents are missing or deceased or in a persistent vegetative state and whether the remaining parent represents a substantial threat of harm to the child’s health or welfare.
By examining the limited circumstances discussed above, the court may determine whether or not the grandparent has established that ordering grandparent visitation rights meets the best interests of the child standard as defined by the statute in Florida.
Notice of the grandparent visitation petition must be provided to the parents. If a stepparent or a close relative adopts a child, that individual can seek to terminate any visitation rights that were granted prior to the adoption.
In that case, the grandparents will be required to show that the circumstances that warranted the granting of an order of visitation previously continue to be present.
How to File for Grandparents’ Visitation Rights in Florida?
After the grandparents file a petition for visitation rights and it is received by the court, the court will hold a preliminary hearing. At this hearing, the court will determine whether or not the criteria have been met and whether the grandparents have established that the parent or parents are unfit or present significant harm to the child.
The court will dismiss the visitation petition if there is no evidence that the parent or parents are unfit or pose a significant risk of harm to the child. The court will also dismiss the petition if evidence is not established absolutely and may order reasonable attorney’s fees and costs to be paid by the grandparents.
If the court does find that the grandparents have presented significant evidence, the court will then appoint a guardian ad litem and refer the case to family mediation. If a family mediation is not successful, the court will have a final hearing on the matter.
At the final hearing, upon clear and convincing evidence, the court will order the grandparent visitation in the best interests of the child. The court will consider the impact the grandparent visitation will have on the material relationship of the parent and the child.
Are Grandparent Visitation Rights Different From Grandparent Custody?
Yes, visitation rights are different from child custody rights because visitation rights are more limited. Grandparents who have visitation rights have the right to visit their grandchild. Often, however, it is only permitted under the supervision of the individual who has custody of the child, such as a parent or legal guardian.
Custody, on the other hand, refers to the individual who resides with the child and is responsible for their basic needs, such as food, clothing, and shelter. The individual with custody also makes important life decisions on behalf of the child. These decisions include decisions regarding the child’s:
- Medical treatment;
- Education;
- Religious instruction.
What Does the Florida Court Consider When Determining the Child’s Best Interests?
The court will examine the totality of the circumstances that may impact the mental and emotional well-being of the child when applying the best interests of the child standard. In Florida, the standard includes consideration of the following:
- The relationship between the child and grandparent and any visitation previously permitted by the parents;
- The length of the previous relationship between the child and grandparent;
- If there was continuity of personal contact by the grandparent before the parent died, went missing, or entered into a vegetative state;
- The reason why the parents ended previous visitation schedules;
- Whether there will be disruption of the family unit if visitation is granted; and
- The existence of any substantial threat of harm to the health and well-being of the child.
Do I Need an Attorney for Issues With Grandparents’ Visitation Rights in Florida?
It is essential to have the assistance of a Florida child visitation lawyer for any issues you may have with grandparents’ visitation rights in Florida. It is more difficult for grandparents to obtain visitation rights, especially if the parents have cut off the relationship.
Your attorney can review your situation, file a petition for visitation on your behalf, and represent you during any court hearings. Your attorney can also advise you of your rights under Florida law and provide you with the best chance at obtaining visitation with your grandchild or grandchildren.
