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Grandparents Rights In Florida

Although a divorce may be particularly hard for former spouses and their children, grandparents may also be impacted by the separation.  In Florida, grandparents may petition the court for court ordered visitation under section 752 of the Florida Statutes. Visitation may be granted only in instances where (both) parents are:

  • deceased,
  • missing, or
  • in a persistent vegetative state,

or (one) parent is:

  • deceased,
  • missing, or
  • in a vegetative state, and
  • the other parent has been convicted of a felony or an offense of violence that poses a threat of harm to the child’s health or welfare.

Florida has traditionally been hesitant to grant a grandparent visitation rights, especially when one or both parents do not want a grandparent to see the child.

If the guardian of a child is not a violent felon, grandparents have no rights to visitation.

West Palm Beach Grandparents Rights Lawyer

If you are a grandparent seeking custody or visitation rights of a grandchild, contact the attorneys of Quality Family Law today. Our lawyers are very passionate about family law and can look into the details of your particular situation to see what rights you may be entitled to as a grandparent of a minor.

At Quality Family Law, our attorneys realize the importance of family and take a collaborative approach with each and every client. They provide comprehensive explanations of legal options and work with you to get a positive resolution.

For your convenience, we have an office located in West Palm Beach, Florida. We serve clients in the West Palm Beach, North Palm Beach, Boca Raton, Jupiter, Wellington, Delray Beach, Lake Worth, Palm Springs, and Boynton Beach, Florida areas. Call Quality Family Law at (561) 557-8686 for a confidential consultation.

How Can Adoption Affect a Grandparents Rights

When a child is adopted, all legal ties between a child and their biological parents, and grandparents are terminated. If someone in the family adopts the child, a grandparent might be entitled to visitation if the visitation order was in effect before the adoption.

The truth is that grandparent’s rights are always secondary to the child’s. It is the parent’s responsibility to protect and raise their own children in a manner that they see fit. A court or grandparent cannot intrude on this responsibility unless there is a danger to the child.

The court must consider the relationship between the grandparent and the child, as well as the relationship between the parent and the child. It is the court's responsibility to determine if grandparent visitation in any given case is in the best interest of the child.

Courts also have the right to terminate a grandparent’s visitation order if a step parent or a biological parent request so.

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Grandparent’s Rights Granted by Other Jurisdictions

Many grandparents believe that when they are awarded grandparent visitation rights in one state that if they decide to move, Florida courts would still be obligated to honor and enforce those orders—this is not true.

Even if another state lawfully awards visitation rights to a grandparent, those rights may not be effective in Florida. In the 2012 case of Fazzini v. Davis, the Florida District Court of Appeals (DCA) for the Second Circuit found that, although a grandparent had visitation rights pursuant to a Virginia court order, an “unanticipated substantial change” could warrant terminating those rights.

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Additional Resources

AGA: The American Grandparent’s Association discusses state provisions for custody and visitation of grandchildren in various states.  On this site, you may also view a guide to grandparent’s rights. This organization is “dedicated to ensuring the best for grandparents and their families.” Their goal is to become a key resource for grandparents who were physically removed from their grandchildren and want a way to visit them.
Section 752: Grandparental Visitation Rights- Visit the website of the Florida Legislature that discusses laws regarding grandparents visitation rights. You can view section 752.011 that discusses a petition for grandparent visitation with a minor child and mediation of visitation disputes.

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Palm Beach County Grandparent's Rights Lawyer

Unfortunately, grandparent rights in Florida still remain hard to obtain. Even with the most recent statutory update, very specific criteria must be met in order for a grandparent to obtain rights to see their grandchild.

If you are a grandparent seeking primary custody, partial custody, visitation, or adoption rights of your minor grandchild, contact Quality Family Law at (561) 557-8686 today.

At Quality Family Law, our lawyers are passionate about helping resolve your family matters. We serve clients in the West Palm Beach, North Palm Beach, Boca Raton, Jupiter, Wellington, Delray Beach, Lake Worth, Palm Springs, and Boynton Beach, Florida areas.

This page was last updated March 7, 2017

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