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:
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) 862-4411!
The court considers several factors in deciding whether the petition for visitation rights by the grandparents can be granted.
These factors include:
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.
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’ 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.
To learn more about your rights as a grandparent, get in touch with Dale L. Bernstein, Chartered Law Office today. Call now at (727) 862-4411 for a consultation.