Reviewed by: Brian Gottlieb
Divorce impacts more than just a minor child, preventing grandparents from having access to their grandchildren. If your grandchild’s parents got divorced, they have a legal right to keep you from seeing your grandchild. However, in limited circumstances, you may be able to petition for visitation rights. If you are interested in petitioning the court for visitation rights as a grandparent, do not hesitate to contact our South Florida family lawyers.
When Can Grandparents Petition for Visitation Rights of a Minor Child?
In most circumstances, parents are allowed to keep a grandparent from seeing their grandchild. However, the law specifies situations in which a grandparent can petition the court for visitation. These include:
- Both parents are deceased, missing (for at least 90 days), or in a persistent vegetative state; or
- One parent is deceased, missing, or in a persistent vegetative state, and the other parent has been convicted of a felony or an offense of violence that poses a substantial threat of harm to the minor child’s health or welfare.
Once a grandparent establishes one of these threshold circumstances, the court will then evaluate whether the grandparent can demonstrate by clear and convincing evidence that a parent is unfit or that significant harm to the child exists, that visitation is in the child’s best interest, and that visitation would not materially harm the parent-child relationship.
Parameters for Grandparents’ Visitation Rights in South Florida
When a child has been adjudicated dependent and removed from a parent’s physical custody under Florida Statute §39.509, the following provisions govern grandparent visitation in that specific context:
- Visitation may take place in the home of the grandparent unless there is a compelling reason not to do so.
- Grandparents may be permitted to hug, kiss, or show other signs of affection towards the child, as well as give them gifts, cards, and letters.
- A grandparent is not allowed to facilitate a meeting between the child and the child’s parent or legal custodian.
- If the child is returned to the parents’ custody, grandparents’ visitation rights will cease.
- The termination of parental rights does not impact grandparents’ rights unless the court determines that visitation is not in the best interest of the child.
- Other considerations, such as criminal charges, designation as a sexual predator, and findings of abuse, abandonment, and neglect, will be used to determine if grandparents’ rights are in the child’s best interest.
Process of Applying for Grandparents’ Rights in Florida
In Florida, the process of applying for grandparents’ visitation rights involves the following:
- Filing a petition presenting evidence that the child’s parents are unsuitable.
- The court will schedule a hearing to determine if the petitioner has presented sufficient evidence to show that the parents are unfit or pose a danger to the child.
- If you have sufficient evidence to show the parents are unfit, then the court will likely recommend mediation. The court will also appoint a guardian ad litem (an independent party to look out for the best interests of the child). Alternatively, if there is not enough evidence, the case will be dismissed, and you may be required to pay the opposing party’s attorney fees and other court costs.
- If family mediation does not resolve the matter, the court will schedule a final hearing and may award visitation to the grandparents if there is clear and convincing evidence that the parents are unfit.
Hiring experienced counsel is essential to show that your grandchild’s parents should not have custody of your grandchild. If the evidence you present is weak, you risk having your case dismissed, even if your claim is valid. If a judge does find in favor of your grandchild’s parents, you risk having to pay attorney’s fees and other costs, which can quickly become a financial burden.
Speak with Our South Florida Family Law Attorneys Today
If you believe that your grandchild is at risk of significant harm in remaining at home, our South Florida family law lawyers would like to speak with you. With over 40 years of collective experience, the legal team at Gottlieb Wagner has provided clients with reliable and practical advice. To schedule your free consultation, feel free to reach out to us online or by calling (305) 919-7788 today.