Determining visitation rights for grandparents

In the state of Florida, a grandparent may petition for visitation rights under a variety of circumstances, assuming that it is in the best interest of the child. Grandparents or great-grandparents may be granted visitation rights if one of the child's parents has deserted the child or if the child was born out of wedlock. Visitation may also be granted if the marriage between the child's parents has been dissolved.

There are several factors that the court will use to determine if granting visitation rights is in the best interest of the child. For example, the court will look at the prior relationship between the child and the grandparent. It will also take into account the age and physical health of both the child and the grandparent. Depending on the age of the child, he or she may be given a say in the matter.

A judge may also use his or her discretion when determining whether to approve such a petition. In the event that a parent objects to such visitation, the parent and grandparent are urged to participate in mediation. Going through a mediation process may be able to help all parties reach a beneficial outcome while preserving family ties.

In general, parents have the right to use their own discretion when determining who has contact with their children. However, a family law attorney may be helpful when helping a family resolve a time-sharing dispute. An attorney may be able to help a family resolve such an issue outside of court. This may make it easier for an agreement to be made that is in the best interest of the child.

Source: The 2014 Florida Statutes, "CHAPTER 752 GRANDPARENTAL VISITATION RIGHTS", November 06, 2014

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