I Am Divorced And Want To Move Away With My Children. My Children's Grandparents Are Objecting. Do They Have The Right To Do This In Florida?
Legally, Florida grandparents have the right to seek visitation with their grandchildren in certain situations in Florida.
If they do have visitation rights under law, they could also object to their grandchildren moving away.
However, traditionally Florida has been hesitant to grant a grandparent visitation rights, especially if it is not something the parents want.
Currently under Florida law, grandparents can ask for visitation rights if the parents are divorced, if one parent has deserted the child, or if the child is born out of wedlock and the parents never marry.
A court can consider a number of factors in awarding visitation to grandparents, including the quality of the relationship between the grandparents and grandchildren before the divorce, the mental and physical health of the child and the grandparents, and the willingness of the grandparents to encourage a close relationship between the child and the parents.
If a grandparent does have visitation rights with a grandchild, and the grandchild’s parent wishes to relocate the children to another area, the grandparent can file an objection in court.
The grandparent could argue that the move will not be in the best interest of the child and that his or her relationship with the child would be seriously damaged by the move.
You would need to prove in court that the move is in the best interest of the child.
The best solution in this situation would be to work something out with the grandparents.
You can put together a visitation schedule, and let them know you will encourage phone calls, Skype calls, etc. You can file your schedule with the court, which may reassure them.
If you can’t work something out, the children’s grandparents already have visitation rights, and they are objecting to a move, you need to consult with an attorney. An attorney can help you present your case in court about why the move should occur.