Grandparent’s Rights During a Divorce in Florida

Grandparent’s Rights During a Divorce in Florida

As a grandparent, you may be concerned about how your grandchildren are handling the divorce of their parents. It is not uncommon for grandparents to keep the children in mind every step of the way during this difficult process for everyone involved. You may question what rights you have to your grandchildren when two parents are divorcing in Florida.

Robert Sparks Attorneys take divorce matters seriously and always fight for the best interests of families and children. The divorce process can be especially taxing on children, which is why we want to ensure that all rights are being protected and all resources utilized during these challenging times. Contact our offices for the representation that you and your family need at this time.

When Grandparents Are Permitted to Request Visitation in Florida

The love and wisdom that a grandparent can provide is generally very special and cherished to children. This is why some grandparents seek special rights like visitation when a Florida divorce is taking place, so that they can remain an active part in a child’s life and be there for the child. However, grandparent rights are extremely limited under Florida law.

According to Florida Statute 752.001, a grandparent is only permitted to request visitation of a child if the following factors are present:

  • Both of the parents are deceased
  • One of the parents is deceased and the other parent has been convicted of a felony or violent crime that can threaten the child

This generally means that, if you are unable to prove that a parent is unfit or that the child could be significantly harmed by another parent, you may not be able to seek visitation rights in the event of a divorce.

Proving a Parent is Unfit During Divorce

If a grandparent can show that one or both of the parents of a child are unfit as they go through the divorce process, the court may take a closer look at the rights of the grandparent. The court will consider the well-being of the child and several other factors under these circumstances, such as:

  • The grandparent’s relationship with the child or children
  • The quality of the relationship and how long they have been in the child’s life
  • The reason why a parent terminated visitation with the grandparent in the past
  • Written statements from a parent stating why the grandparents do not currently have visiting rights

Courts in Florida and throughout the U.S. seldom want to take rights away from parents and give them to grandparents unless it is completely necessary due to the well-being of the child. It is very difficult to win these cases, which is why it is important that you are working with a legal advocate along the way.

Alternatives Grandparents Can Choose Aside from Court Regarding Visitation

Of course, there are other options that grandparents may have as it concerns grandparent rights in Florida aside from going to court. This is especially true if a family agrees to meet over visitation matters so that they can settle them outside of the courtroom.

A grandparent and family may choose to meet through mediation and negotiation so that all plans for the child can be laid out in an informal and less stressful manner. Grandparents can seek the help of an experienced legal advocate who can negotiate and communicate with the parents and mediator to explain why visitation is important for the grandparents, especially for a child whose parents are going through divorce and can use their guidance.

Contact a Florida Divorce Lawyer Today

Divorce can be a troublesome time in the lives of many. On top of this, you may be left with a wide array of questions that you cannot answer on your own regarding what rights parents and grandparents have at this time.

At Robert Sparks Attorneys, we will compassionately handle every aspect of your divorce case from start to finish so that you do not have to worry about the stress alone. This is an emotional time in your life and we will be there for you and your family when you need it the most. Please give our Tampa divorce lawyers a chance to resolve your divorce matters and ensure that your best interests are protected. Contact us today to find out how we can help you.