Grandparent-Grandchild Visitation in Florida
Unfortunately, sometimes when there is divorce and/or death within a family, there are also visitation-related disputes. While the courts will always be most concerned with what is in the best interests of the child, it is also important to note that grandparents do have certain visitation rights under some circumstances. The Law in Florida When it is in the best interests of the child, the court will award reasonable rights of visitation to a grandparent if: The parents’ marriage has been dissolved; One parent has deserted the child; The (minor) child was born out of wedlock (and not later determined to be born within wedlock); Both parents are deceased, missing, or in a persistent vegetative state; One parent is deceased, missing, or in a persistent vegetative state, and the other parent has been convicted of a felony or another offense involving violence which poses a substantial threat of harm to the minor child’s health or welfare. In determining a child’s best interests, the court considers the following factors: The willingness of the grandparent(s) to encourage a close relationship between the child and parent(s); The length and quality of the prior relationship between the child and grandparent(s), including the love, affection, and other emotional ties between the child and the grandparent, as well as any involvement the grandparent had in providing regular care and support for the child; The preference of the child (if the child is of sufficient maturity to express a preference); Any reasons cited by the parent in ending contact or visitation between the child and grandparent; The mental and physical health of the child and grandparent(s); and Various other factors necessary, given the circumstances Petitioning the Court If a grandparent wishes to obtain court-ordered visitation with the grandchild, they would petition the court for visitation, whereby the court would then hold a preliminary hearing to determine if the petitioner/grandparent has made a prima facie showing of parental unfitness or significant harm to the child. If the court finds that there is evidence of significant harm to the child, it may appoint a guardian ad litem and refer the matter to family mediation. The court can also proceed with a final hearing if family mediation does not resolve the issue. The court is ultimately empowered to grant reasonable visitation to a grandparent if it finds that a parent is unfit, there is significant harm to the child, that visitation is in the best interest of the child, and that the visitation will not materially harm the parent-child relationship. Visitation Attorneys Who Care If you are seeking to establish visitation rights with a child—or fight them out of concern for your child—it is crucial that you work with a trusted attorney who is experienced in family law and works within the local courts such that they have an understanding of how family law proceedings work. The family law attorneys at HD Law Partners have been practicing family law in Tampa and Orlando for over 50 years combined. We have a commitment to our clients in ensuring that their rights and interests are protected, especially when it comes to child custody and visitation issues. Contact us today to find out more about the services we can offer you and your family. Resource: flsenate.gov/laws/statutes/2011/752.01 Tags: Florida Family Law, Florida Visitation Lawyer, Florida Visitation Lawyers, Grandparent Visitation Rights, Tampa Family Law Attorney, Tampa Family Law Attorneys, Timesharing Arrangements, Visitation Disputes Posted in Family Law | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us