Conditions for grandparent visitation in Florida

Grandparents all across the country whose children have divorced know just how difficult it can be to spend time with grandchildren. If your son and his wife divorce, and the courts grant primary custody to your grandchild's mother, there may not be any legal regulations put in place to determine or grant you visitation. As such, you may have to take legal action just to earn the right to visit or spend time with your grandchildren.

The sad truth is that grandparents' rights are often simply dismissed or ignored in custody hearings and during a divorce. This can often leave grandparents confused about their rights in the aftermath of a divorce. Sometimes taking legal action leaves grandparents with nothing but a headache, because there simply is not much legal recourse for a grandparent to have any kind of visitation rights over the custodial rights of the parent.

In Florida, there are statutes that exist to regulate grandparental visitation, but there are usually specific conditions that must exist in order for a grandparent or grandparents to be granted visitation. Such conditions for visitation include the following:

  1. The child's best interests are served by the visitation.
  2. The child's parents are divorced.
  3. The child has been abandoned or deserted by a parent.
  4. The child was born to parents who are not married.

As you can see, there are some conditions in which grandparental visitation is possible, but it is often in extreme circumstances. Of course, the relationship between a grandchild and his or her grandparents is important, so it is always worth exploring and exhausting all possibilities. If you live in Florida, and you are unable to see or visit with your grandchild, consider enlisting the aid of an attorney to see if you can make a case to be awarded the visitation rights you deserve.

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