Orlando Grandparent Visitation Attorney
Grandparents love to dote on their grandchildren and spend time with them. So when their grandson’s or granddaughter’s parents divorce, they may be concerned about visitation. Will they still be able to see their beloved grandchildren? What legal rights do they have?
Florida and every other state recognizes grandparent visitation. However, whether or not a grandparent will be awarded visitation will depend on the unique circumstances of each case, such as the relationship the grandparent has with the grandchild.
The child’s parents often have the upper hand in awarding visitation to grandparents, so if you’re a grandparent, you want to do what you can to ensure you maintain a relationship with your grandchildren after a divorce. Orlando grandparent visitation attorney Steve W. Marsee, P.A. Attorney at Law can help.
Grandparent Visitation Guidelines in Florida
State laws are patterned after the case Troxel v. Granville, in which the Supreme Court ruled that the courts must consider the parent’s wishes regarding grandparent visitation. It is presumed that a parent is acting in the best interests of the child if they prevent a grandparent from visiting their grandchild unless a grandparent can prove to the contrary. What this means is that grandparents are the ones who must prove that visitation is in a child’s best interests.
A grandparent cannot legally ask for more time with a grandchild if a parent is allowing them to visit the children to some degree. Only when visits are prohibited entirely does grandparent visitation become an issue. However, even when a parent cuts off visits, a grandparent is not entitled to visitation except in two cases:
- Grandparent visitation is in the best interests of the child.
- The child has been removed from the parent’s custody.
Overall, parents have rights over their own children, and these rights cannot be overridden except in situations where a child will be harmed if the visits do not take place. If the grandparents cannot demonstrate that their grandchildren would be harmed by the lack of time with them, then the parents’ decision will prevail, especially if they are considered to be a fit parent.
There are situations in which a grandparent can get custody of a grandchild, but these situations are not common. Again, the best interests of the child will prevail. A judge could transfer custody to a grandparent, though, if the parent has been deemed unfit or the parent poses a danger to the child.
Contact Us Today
Grandparents often have a unique bond with their grandchildren and it’s important to preserve it, especially after a divorce. If you are looking to spend time with your grandchild, make sure you understand your legal rights.
Visitation in Florida can be a complicated matter. Seek legal help from Orlando grandparent visitation attorney Steve W. Marsee, P.A. Attorney at Law. We can help you understand the laws involved. To schedule a consultation, call 407-521-7171 or fill out the online form.
