Your Visitation Rights Depend on your
Grandchildren’s Circumstances
Currently, a
grandparent can petition for visitation with his or her grandchild if the
following circumstances apply:
● Both of the child’s parents are missing,
deceased, or in a vegetative state; or
● One of the child’s parents is missing, deceased,
or in a vegetative state and the child’s other parent has been convicted of a
felony or a violent offense that poses a threat to the child’s safety or well
being.
If neither of the
above circumstances apply, you cannot petition for visitation rights with your
grandchild. If one of the above circumstances applies, you do not automatically
have visitation or custody of your grandchild. You must first attend a hearing
to determine whether the child’s parent or parents are unfit. If this is
determined, a second hearing is scheduled to determine whether visitation is in
the child’s best interest. Numerous factors are considered when making this determination,
including whether visitation between the child and his or her grandparent would
harm the child’s relationship with his or her parents.
Advocating for yourself and your Rights
Your lawyer can
help you initially determine if you have grounds to petition for visitation
rights with your grandchild and if you do choose to file one, he or she can
help you demonstrate to the court why such an arrangement is in your
grandchild’s best interest. Your strategy may involve showing the court how a
disruption to your current relationship with your grandchild would cause him or
her to suffer emotional or physical harm, that you are in good health and that
you are physically capable of caring for a child, the relationship you
currently have with your grandchild and its support by your grandchild’s
parent, and/or whether you had an established relationship with your grandchild
prior to filing a petition for visitation rights to him or her.
Work with an Experienced Winter Park
Grandparents’ Rights Lawyer
As a grandparent
in Florida, you have certain rights to your grandchildren. If you feel you are
being unfairly shut out of your grandchildren’s lives, consider taking legal
action to assert your rights to visitation with them. Contact The Law Offices
of Aubrey Harry Ducker, Jr., P.L.C. today to set up your initial consultation
with an experienced Florida grandparents’ rights lawyer.
During your consultation, we will examine the unique circumstances you are
facing and help you determine the right legal strategy for asserting your
rights.
