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- There are no federal laws in place that ensure visitation rights for grandparents.walking the toddler image by jimcox40 from Fotolia.com
Grandparents are often a minor consideration in child custody cases. While some states have little or no language referring to grandparents rights, the state of Florida will hear requests for visitation from grandparents. Courts decide grandparent visitation based on a number of factors, but the main consideration is the best interests of the child. - Family courts generally believe that a child's visitation with his grandparents should be decided by the parents. In the state of Florida, if grandparents are being denied visitation, they can file a petition for visitation during divorce proceedings and after a divorce has been finalized. A parent wishing to prevent visitation may have to provide reasons why the grandparent should not have contact with the child. A parent simply seeking to break all ties with her in-laws may not be able to prevent grandparent visitation if it is determined that it would be in the best interests of the child. While Florida does consider petitions for visitation from grandparents, the courts typically enforce the wishes of the parents. In cases where parental rights are terminated, relatives, including grandparents, may file for third-party custody of a child.
- In determining visitation rights for grandparents, Florida courts will weigh several factors. The relationship between the child and his grandparents is a major consideration. In addition, courts will consider the relationship between the custodial parent and the grandparents and the effect visitation may have on the child and his custodial parent. Court will also look at how long the relationship between the child and grandparents has been interrupted and any custody arrangements between parents. Finally, Florida courts will consider any wrong-doing on the part of the grandparent or grandparents, including any instances of abuse–physical, emotional or sexual.
- If parents and grandparents cannot agree on visitation, a Florida court will refer the family to mediation services. Mediation is typically less time consuming and expensive than court actions and also helps to maintain civility in contentious divorce and custody cases. If one spouse remarries and his or her spouse adopts the child in question, a grandparent will still have visitation rights if he or she was granted those rights in a Florida court. However, if a child is adopted by a non-step-parent, then grandparents will lose their visitation rights, as well as any rights to gain third-party custody of the child.
Visitation and Third-Party Custody
Best Interests of the Child
Mediation and Adoption
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