DO GRANDPARENTS HAVE RIGHTS IN FLORIDA?
Grandparents’ rights in Florida exist, but only in limited circumstances. Florida Statute 752.011 provides grandparents with visitation rights under the following limited conditions:
- If both parents are deceased, missing, or in a vegetative state, OR
- One parent is deceased, missing, or in a vegetative state, AND the other parent has been convicted of a felony or violent offense evincing behavior that poses a substantial threat of harm to the minor child.
HOW DO GRANDPARENTS OBTAIN VISITATION IN FLORIDA?
To obtain grandparental visitation rights, the grandparents must file a petition with the court seeking visitation with their grandchild and provide clear and convincing evidence to support one of the above conditions.
After the petition is filed, the court will hold a preliminary hearing to determine if the grandparents have established that a parent is unfit or the child will suffer significant harm. If the grandparents fail to establish this hurdle, the case will be dismissed.
If the court finds that the grandparents established by clear and convincing evidence that a parent is unfit or the child will suffer significant harm, the matter will be forwarded to mediation. The court may also appoint a guardian ad litem to act in the best interests of the minor child.
If mediation fails, the court will order a final hearing. At the hearing, the court may grant grandparent visitation if it is established that a parent is unfit or there will be significant harm to the child, that visitation is in the best interests of the minor child, and that the visitation will not materially harm the parent-child relationship.
If you need strong, experienced counsel to represent your interests, please feel free to call or e-mail The Fuller Firm, LLC. A free phone or videoconference consultation will be scheduled. After a thorough analysis of your matter, I will answer your questions and advise you regarding the best way to proceed.