Jacksonville Grandparents’ Rights Attorney

Grandparents' Rights in Florida – Custody & Visitation

Jacksonville Grandparents’ Rights Attorney

As a grandparent, it can be difficult to have your voice heard during your child's divorce. For grandparents seeking visitation rights, it is important to obtain the advice of a lawyer before making a decision as to whether to proceed with a petition or not. There have been recent modifications regarding grandparent visitation by the Florida Supreme Court. It has been decided that a healthy and well-maintained family has the right to bar grandparent visitation if they wish. That is why it is so important you retain counsel throughout this challenging and complex time.

At Charles E. Willmott, P.A., we understand that grandparents play an important role in the lives of their grandchildren and families. As a family law firm located in Jacksonville, Florida, we are committed to helping grandparents understand their rights and how to protect them in the state of Florida.

Reach out to a grandparents' rights lawyer in Jacksonville today at Charles E. Willmott, P.A.!

Legal Rights of Grandparents in Florida

In Florida, grandparents can request visitation rights with their grandchildren under certain circumstances. The law recognizes that grandparents play an important role in the lives of their grandchildren and may seek visitation if the parents are deceased, missing, or in a persistent vegetative state. Additionally, grandparents may request visitation if the parents are divorced or have never been married, and the child has lived with them for a significant amount of time. 

However, the court will only grant visitation if it is proven to be in the best interest of the child. Grandparents can also file for visitation rights if they can show that the parent denying them visitation has acted in a way that is detrimental to the child’s well-being. It is important to note that grandparents do not have automatic legal rights in Florida, and each case is determined on an individual basis.

How to Pursue Visitation Rights as a Grandparent in Florida

If you are a grandparent seeking visitation rights in Florida, you must first file a petition for visitation in the circuit court in the county where the child resides. You must also provide the court with evidence that visitation is in the best interest of the child. This evidence can include:

• Affidavits from friends and family
• Evidence of a strong relationship between the grandparent and child
• Any other evidence that supports your claim

Once the petition is filed, the court will schedule a hearing to determine if visitation is in the best interest of the child. The court will consider the grandparent’s relationship with the child, the parent’s reasons for denying visitation, and any other relevant evidence.

Although parents have the right to deny a grandparent visitation, the court can override this decision if the grandparent can prove that visitation is in the best interest of the child. The court can also award visitation rights if the parent is deceased, or if the parents are divorced or separated.

Key Factors Considered by Florida Courts for Grandparent Visitation

There are existing statutes regarding visitation rights for grandparents that instruct the courts to consider a long list of factors so that the best interests of the child are protected.

These factors include:

• Willingness of grandparents to encourage a relationship between child and parent
• Length and quality of prior relationship between the grandchild and grandparent
• Child's wishes regarding the situation if the child is old enough to have a preference
• Mental and physical health of the child and grandparent

These determinations were set in place to make sure that the child's best interests are made first priority. At Charles E. Willmott, P.A., I desire to rebuild family relationships so that each affected member of the situation can move on with their life and the family can remain as close as possible.