Do Grandparents Have Visitation Rights?
Florida generally dissuades a court from interfering with a parent’s right to privacy in terms of raising their children. For this reason, if grandparents are seeking visitation from parents who have denied them time with their grandchildren, there is very little a Florida will do.
If the grandchildren have been removed from their parents’ custody and the case is currently being reviewed in court, a grandparent can request visitation until the case is resolved. A caseworker will help organize visits, but it is up to the grandparents to arrange for the appropriate transportation or any other important factors. Upon the restoration of parental custody, this arrangement is no longer valid, and the grandparents must discuss visitation with the parents privately.
The state will hear a grandparent’s request for visitation if there is solid evidence to prove that their influence is in the child’s best interest. However, evidence to support this claim is usually incredibly difficult to prove, especially if either parent opposes visitation.
Temporary & Concurrent Custody
Florida Statute 751 allows the extended family to gain temporary or concurrent custody of minor children if the parents are unable to do so themselves. Additionally, if the parents cannot be located, the court will consider granting grandparents temporary custody to resolve school and medical treatment-related issues.
Temporary and concurrent custody are designed as short-term solutions until one or both parents can return to their role as primary caregivers. While it’s preferred that every child receives the care of both parents, sometimes that is not always an option.
Providing Strong Legal Guidance
If the parents of your grandchildren are blocking you from regular visitation or custody, we can help. Our grandparents’ rights attorney has over 33 years of legal experience and will do everything he can to help prove your presence is an important influence in your grandchild’s life.
Call our firm today at (727) 312-1112 or contact us online to schedule an appointment.