I Am a Grandparent. What are my Rights to my Grandchildren?

As a grandparent, you probably cherish the relationships you have with your grandchildren. When an issue like your child’s divorce, death, or court involvement with your grandchildren’s lives threatens to sever this bond, it is important that you understand your rights as a grandparent and how to legally exercise them. Many people do not realize that grandparents do have rights to their grandchildren, such as the right to visitation with them and the right to adopt them in the event their parents’ rights are terminated. These rights also apply to great-grandparents.

 

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.

 

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0039/Sections/0039.509.html

 

 

 

Case Law Update 2012

Learning goes on and on and on . . .
Today, I attended the Webinar provided by the Florida Bar on Family Law Issues from cases this year.
Always good to update your knowledge regarding what the courts are doing, and what the appellate courts are saying about what the courts are doing.
In the past year, Grandparents' Rights, Alimony, adultery, Parenting Plans, Timesharing, paternity, domestic violence, Enforcement and Fees were only a few of the issues considered for the courts' action this year.
When you are selecting an attorney to represent your family in court, ask what courses of study have been completed to remain up to date on the law of the state. 
The 5th DCA clarified the Relocation statute as to the 50-mile rule.
The 2nd DCA clarifited allocation of outstanding expenses for child support to the proportion of income of the parties rather than 50/50 as many agree.
The First DCA clarified a "supportive relationship" and whether it would end alimony.
These are but a very few of the 20 pages of cases reviewed. If you have questions of a legal nature call an attorney.
If you have questions regarding Collaborative Divorce, Elder Law, Family Law or Guardianships, Call me! 407-645-3297 or visit my website at www.aubreylaw.com

Grandparents Really Do Have Rights - Visitation

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!