The Florida Statutes give grandparents, and great-grandparents certain rights for visitation with the grandchildren; however, don't get carried away and think you can simply demand access and be granted a lifetime placement with the child.
In all cases involving children, the court MUST consider the "best interests of the child"
in determining whether visitation is appropriate and under what circumstances.
The court must first find either: the marriage was disolved, a parent has abandoned the child or the child was born out of wedlock and no paternity has been established. Following this initial determination, the court then considers the "best interests of the child" and looks to:
a. The willingness of the grandparent to encourage a close and continuing bond between the child and the parent (no interference in parental decision making or actions)
b. The length and quality of the relationship prior to seeking visitation (how long and how much did you see the child before the difficulty arose)
c. The preference of the child if the child is old enough to express a preference on their own
(in layman's terms, teens can't be forced to visit people they don't want to visit)
d. The mental and physical health of the child
e. The mental and physical health of the grandparent
f. Such other factors as the court deems relevant (whatever else the court wants to consider)
If you are a grandparent who wants to have visitation with your grandchildren and you have been prevented by parent, you may have reason to rejoice. Selecting an attorney who understands your rights and the process by which they can be achieved is crucial.
Call me: 407-645-3297 or visit my website at www.aubreylaw.com or www.floridaguardianattorney.com
I will be there to help - and you can be there to help your grandchildren grow up!
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