Brandon Grandparent Rights Attorney
When it comes to child custody, a lot of attention is given to the rights of mothers and fathers. However, grandparents also have an interest in these children. In fact, in some cases, they have a huge role in caring for kids and sometimes they are even the primary caregivers
Because of this, grandparents may have a say in child custody and visitation matters. Under Florida law, Under the current statute, Florida courts may allow a grandparent to have visitation of a child if:
- The child’s parents are divorced.
- The child was born out of wedlock.
- The child has been deserted by one or both parents.
Custody of the child may even be in the grandparent’s best interests if a parent is deceased or unfit to care for the child.
Laws Regarding Visitation
Courts make decisions on grandparents rights based on the best interests of the child. The following factors are considered:
- The child’s needs
- How well the grandparent can meet the needs of the child
- The wishes of the parent and grandparent
- The wishes of the child
- The relationships between the grandparent and child
- Any evidence of abuse or neglect by the grandparent
- The distance between the grandparent and child
Florida also has specific laws that apply, such as the following:
- When a parent’s rights are terminated, this does not affect visitation rights of the grandparents unless the court deems otherwise.
- Grandparent visitation is allowed to take place in the grandparent’s home.
- A grandparent who has visitation with a child is not restricted from hugging, kissing, and other appropriate displays of affection. In addition, the child should not be denied cards, letters, and gifts from the grandparent.
What if a Parent Shows Neglect or Abuse?
If a grandparent can prove that the child’s mother or father neglected the child or engaged in some sort of physical or emotional abuse toward the child, the court may award custody to the grandparent. The custody must be in the child’s best interests. It may be temporary or permanent, depending on the circumstances.
Resolving Grandparent Visitation Issues
There are situations in which parents may deny grandparents the right to visit with their grandchild. The courts will attempt to resolve any issues amicably. In some cases, parents may agree to mediation, in which the parties can negotiate and come to an agreement. If the situation still cannot be resolved, though, the issue may have to go to court for a decision.
Contact a Brandon Family Law Attorney Today
The law understands that parents are not the only ones who have a stake or interest in the lives of children. Grandparents have traditionally played a huge role in the upbringing of children, sometimes even living with the family to help raise the kids.
If you are interested in visitation or custody of your grandchildren, understand the laws that apply to you. Brandon grandparents rights attorney Stephanie Koether from Koether Law, P.A. can guide you through the process. Contact our office today to schedule a consultation.