New Port Richey Grandparents’ Rights Lawyer
Dedicated to Defending Your Right to a Relationship with Your Grandchild
Grandparents play a significant role in the lives of their grandchildren. However, in Florida, if the parents wish to limit or deny grandparents the right to visit their grandchildren, it can be difficult for the grandparents to fight this off. The court will never override the parents’ rights over their children unless it can be proven that prohibiting visitation from grandparents can potentially harm the child.
Some examples of such situations include:
- When both parents of the minor child are departed, missing, or mentally incapacitated
- When one parent is departed, missing, or mentally incapacitated while the other parent has been convicted of a felony or violent offense
- When one parent is departed, missing, or mentally incapacitated while the other parent has a history of drug use or violence
If you are a grandparent and you believe that your grandchildren can benefit from your visitation or custody, speak with the New Port Richey grandparents' rights attorney at Dale L. Bernstein, Chartered Law Office. We bring with us nearly 40 years of successfully representing clients in cases similar to yours. As your counsel, we are here to help you understand all your legal options as well as address any of your questions and concerns.
Want to learn more about your rights as a grandparent? Learn more by scheduling a case evaluation when you call us at (727) 312-1112!
How Will The Court Determine Grandparents’ Visitation Rights?
The court considers several factors in deciding whether the petition for visitation rights by the grandparents can be granted.
These factors include:
- Current relationship between grandparent and grandchild
- Preference of the child
- Health of both grandparents and grandchild
- Willingness of the grandparents to encourage a close relationship between the child and the parent
- Effect of the arrangement between the parents
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.
A grandparent is legally allowed to file an action requesting visitation once during a 2-year period.
WHAT FACTORS WILL THE COURT CONSIDER BEFORE AWARDING TEMPORARY CUSTODY?
The first factor the court will take into consideration is the best interest of the child. Additionally, the court will evaluate the grandparents’ relationship with the child, which includes but is not limited to the following:
- Grandparents’ ability to care for the child
- Willingness to allow continued contact with the child’s parents
- Child’s preferences (if the child is mature enough)
- Mental and physical health of the grandparents
- Stability of the child’s new, proposed home
Grandparents’ rights are some of the most difficult and complex cases in family law. This is not something that you should attempt to file alone. Seek the guidance of our skilled New Port Richey grandparents' rights lawyer to increase your chances of obtaining the visitation rights that you need.