December 22, 2020
Watching your child endure a divorce is no easy feat. From cushioning their emotional turmoil to assisting in their paperwork, you’re likely also mulling over your visitation rights. Fortunately, as per the Florida Supreme Court, grandparent visitation makes for a healthy and well-maintained family. Still, grandparents must maintain counsel throughout the divorce process should they need to pursue a petition.
What Does the Court Consider?
For a grandparent to be granted visitation rights, the courts must find that it is in the child’s best interest. As such, they will consider factors such as:
- The willingness of the grandparent to encourage a positive relationship between the grandchild and parent
- The length and quality of the relationship between the grandchild and grandparent
- What the child prefers, should they be old enough to express a preference
- The mental and physical health of both the grandchild and grandparent
What are a Grandparent’s Rights?
In Florida, only natural parents have absolute rights—not grandparents. Thus, if a parent decides that their grandchild shouldn’t interact with their grandparents, Florida courts don’t offer much leniency.
However, a grandparent might receive visitation or custody rights should the court find a valid concern regarding the parents’ ability to care for the child properly. In some cases, a grandparent may be granted rights if:
- One or both parents become arrested.
- The child is a proven victim of abuse.
- The child is out of school and experiencing neglect.
- The child is living in a property rife with illegal drugs.
If a grandparent is willing and able, they can legally become the child’s new guardian recommended by the Florida courts.
About the Juvenile Dependency Court
If there is any danger surrounding the child, the Juvenile Dependency Court opens a case. This court is responsible for ensuring that the child is safe and protected and focuses on providing direct help for the family in question.
Their mission is that they are big believers in crafting workable solutions instead of penalizing and prosecuting parents. If your case goes to Juvenile Dependency Court, you might anticipate the following outcomes.
- If the state believes that it is in the child’s best interest to return to their natural parents, they may remain in the household with the possibility of occasional inspections.
- If the court pursues a hearing, both parents and grandparents will have an opportunity to present their case. Should a judge believe there is not enough evidence demonstrating that the child should be removed from their home, they will be returned to their natural parents.
- If the court believes that one or both parents require services before the child can be safely returned to their home, they must craft a case plan. This case plan pertains to the child returning only once the home is safe and stable.
- If the circumstances are detrimental to the child’s health, and the parents are unwilling to collaborate on a case plan, the grandparents can seek custody. Alternatively, if the parents end up losing their rights, the child may be placed for adoption or petitioned to reside with another family member.
Conclusion
In Florida, the courts favor shared parental responsibility unless proven detrimental to the child’s health. Whether grandparents can become involved will ultimately depend on the circumstances and what will most benefit the child.
At Dorsey Law Firm, we have over 35 years of experience in family law. We promote shared parenting and open communication and work towards creating the best possible parenting plan.
