February 3, 2022
Custody battles happen all the time. Usually, they are between two parents wanting full custody, joint custody, or at least visitation rights to their child. But grandparents can fight for custody rights as well. If you’re a grandparent seeking custody or visitation rights to your grandchild, here’s what you need to know.
Child Custody in Florida
Under Florida’s “Best Interests of the Child” statute (Florida Statute 61.13), the court looks at the child’s best interest in all decisions involving custody. Whether or not it’s a parent or a grandparent, who gets custody depends on the circumstances of every case.
Who Is Entitled to Child Custody?
The court has the following options when awarding custody:
- The child has one parent. The court may award custody to the child’s parent.
- The child has two parents, but one parent has died or is not involved in the child’s life. The court may award custody to the child’s parent.
- The child has one parent and one grandparent. The court may award custody to the child’s parent or the grandparent.
- The child has two parents and no grandparents. The court may award custody to the child’s parents.
- The child has one parent and one grandparent, and one parent is deceased. The court may award custody to the grandparent or the parent who is alive.
- The child has two parents, but the children are in the custody of the Department of Children and Family Services (DCF). The court may award custody to the child’s parents, or a relative or non-relative.
- The child is in the custody of DCF and has no parents, but has a grandparent. The court can award custody to the grandparent or a relative or nonrelative.
The court has other options not described above. For example, the court may award custody to a stepparent, a close relative, or a nonrelative.
When Is Grandparent Custody Granted?
Grandparent custody is relatively rare in Florida. This is because grandparents usually do not have a close relationship with the child. But a close relationship can be established, especially when a child is in need of stability. When the child’s parents are not able to provide stability, a court may award custody to a grandparent.
What Are a Grandparent’s Rights to Their Grandchild?
In Florida, grandparents have the following rights to their grandchildren:
Visitation: A grandparent can ask the court for visitation rights to their grandchildren. The court may award visitation for any reason. In other words, the court does not have to believe the grandparent’s allegations that the parent is unfit. But if the court finds the allegations of unfitness true, the court may limit the visitation of the unfaithful parent.
Child Support: A grandparent can ask the court to order the parent to make periodic child support payments to the grandparent.
Custody: A grandparent can ask the court to order the parent to turn over the care, custody, and control of a child to the grandparent.
Final Thoughts
In Florida, grandparent custody is not common. But it does happen in some situations. If you’re a grandparent seeking custody, you should talk to a Florida family law attorney. Misunderstandings and arguments can easily occur. You want to be sure you make your case effectively.
Enforce your grandparents’ rights with the help of Dorsey Law JAX. The Dorsey Firm has been representing clients in grandparents’ rights cases for over 35 years and is committed to providing competent and aggressive representation for our clients. Get in touch with us today!
