Floridian Grandparents Have Rights Too

Grandparents frequently serve as stabilizing influences during children’s challenging times, including family divorces and losses. However, Florida family law has historically restricted grandparents’ legal access to their grandchildren.

A Hard Road To Visitation

In most divorce proceedings, grandparents receive no automatic visitation rights unless both parents consent. Florida maintains particularly restrictive policies regarding grandparent rights compared to many other states. Courts typically honor parental decisions to limit or eliminate grandparent contact, declining to intervene in such matters.

The restrictions extend to dependency cases. When children are removed from parental homes and placed in state custody, courts must first evaluate whether ongoing grandparent relationships serve the child’s interests before permitting contact.

A Tiny Light in the Distance

Florida’s 2015 legislative reforms introduced three statutes (Sections 752.011, 39.509, and 63.087) providing limited pathways for grandparents seeking visitation or custody. These provisions apply only in specific circumstances:

• One or both parents are deceased, missing, incapacitated, or convicted of violent crimes
• A grandchild has been removed from parental custody and declared state-dependent
• Both parents have abused, abandoned, or neglected the grandchild, allowing grandparents to seek parental rights termination and adoption

Additionally, grandparents may request temporary custody if they can demonstrate this placement better serves the child than foster care alternatives.

Whichever Road You Take, You Need a Copilot

Both grandparents seeking custody and parents protecting their parental rights benefit from experienced legal guidance. Understanding the nuances of Florida’s grandparent rights laws requires expertise that can make the difference in your case.

If you’re a grandparent seeking to maintain a relationship with your grandchildren, or a parent navigating these complex family dynamics, consulting with an experienced family law attorney can help you understand your options and protect your rights.