Understanding Grandparent Visitation Under Florida Law
In most cases, time with grandparents is beneficial to both the children and the grandparents. However, there are circumstances where you would not want your child visiting their grandparents. Because Florida law has provisions for grandparent visitation, many grandparents think they can sue for visitation like a legal parent can. Whether you are seeking visitation with your grandchildren or wish to prevent your parent from having time, especially unsupervised time with your children, it is best to talk to a family attorney familiar with grandparent visitation rights.
The Courts Will Consider What is in the Child’s Best Interest
Whether you are a parent fighting for custody or a grandparent seeking visitation, the courts will always work to determine what is in the child’s best interest. If you have a strong reason you want to prevent the mother or father’s parents from seeing the children and they file for legal visitation, you want to get a family attorney involved. Sometimes a judge will assign a guardian ad litem to the child to learn more about the situation. In other circumstances, they will order the family into mediation. If there is evidence to deny visitation, like prior abuse or drug charges, they will be denied grandparent visitation and the case will be closed.
When is Grandparent Visitation Most Likely to be Granted?
Assuming grandparent visitation is in the best interest of the child, there are circumstances where a grandparent is more likely to be granted legal visitation. Some instances include when a parent is deceased, incarcerated or in a permanent vegetative state. If you and your family attorney are working on gaining grandparent visitation, you can help your case by asking for affidavits from other family members that include evidence of a strong and pre-existing relationship between you and the child or children. Of course, when a child is old enough to express their wishes, that can help your case as well.
Wagstaff & Pitelis Can Help with Grandparent Visitation
Whether you are seeking grandparent visitation or a parent looking to prevent your parent or the child’s other grandparents from gaining visitation, let Wagstaff & Pitelis help. We are an experienced family law firm ready to help your family with any visitation or custody issues. Call us at (727) 584-8182 or fill out our contact form for your consultation.