This is the next post in my series on the child visitation and custody rights of grandparents in Melbourne and other Florida areas. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you or a loved one are being denied time with a grandchild. It is important that you speak with counsel immediately as allowing the situation to persist can result in the Court finding it to be the “status quo.” This can result in the Judge leaving the situation as it is. In this article I will discuss the situations in which a grandparent may seek visitation in our state. If you need assistance then contact my office today to speak with a lawyer.
Florida grandparents may only file for child visitation if at least one of the parents is deceased or missing
Florida is far more restrictive than other states when it comes to allowing a grandparent to file for visitation rights. Under FL Statute 752.011, a grandparent may only seek visitation if one of the child’s parents is deceased and the other is a convicted felon or has been convicted of a crime which shows that they are a danger to the child. In addition to a parent being deceased, visitation can be sought if at least one parent is missing or in a vegetative state. This is different from many other states, which allow a grandparent to seek visitation as long as they have had a meaningful relationship with the child. With that said, instances do arise where one parent has passed away and the other’s criminal record poses a risk to the child.
Consider the following example. Jack and Jill are divorced and have a child together. Jill has primary custody due to Jack having a prior domestic violence conviction and ongoing anger problems. Jill passes away in a car accident and Jack will not allow Jill’s parents to see their grandchild. Under this scenario, if it can be shown that there is a potential for Jack to be abusive towards the child then the Court may be willing to grant visitation to the grandparents. It must be remembered, however, that how the Court will rule in any given situation will always depend on the specifics of the case. Furthermore, the Court is likely to presume that any denial of visitation is valid, meaning that the grandparents may have a heavy evidentiary burden.
Contact a Melbourne lawyer to assist with showing that grandparent visitation is in the child’s best interest
If a grandparent meets the requirements listed above then they may Petition the Court for visitation. Such visitation will only be granted, however, if it would be in the best interests of the child. When considering what is in the child’s best interests, the Court will consider factors such as the historical relationship between the child and the grandparents, the reasons stated by the surviving parent for the denial of visitation, the level of threat which the parent poses to the child, the mental and physical wellbeing of the grandparents, and more. The Court does not have to weigh these factors equally when it is reaching a decision.
If you are seeking visitation with a grandchild then it is vital that you contact an attorney to assist you. It is important that you make the right arguments to the Court and that you know which evidence will be relevant in the matter. I am a Melbourne family law lawyer who practices solely in the area of domestic relations cases. I understand that this is a serious time in your life and my office will give your case the attention it deserves. Contact us online or by telephone today to schedule an initial consultation. We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.