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Do Grandparents have Rights to their Grandchildren?

If you reside in Florida and your adult son or daughter is facing a divorce involving minor children, it is important to understand that you may have certain rights to your grandchildren. Under Florida’s laws, grandparents who want child visitation rights may petition the divorce court for a visitation schedule. The Florida courts will consider the petition and decide if granting the grandparent visitation rights is in the best interest of the child.

According to Florida Statute 752.01, the court shall award reasonable rights of visitation to a grandparent when it is in the best interest of the minor child if:

  • The marriage of the parents of the child has been dissolved
  • A parent of the child has deserted the child
  • The minor child was born out of wedlock and not later determined to be a child born within wedlock

In determining the best interest of the minor child, the court shall consider:

  • The willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents
  • The length and quality of the prior relationship between the child and the grandparent or grandparents
  • The preference of the child if the child is determined to be of sufficient maturity to express a preference
  • The mental and physical health of the child
  • The mental and physical health of the grandparent or grandparents
  • Such other factors as are necessary in the particular circumstances

An attorney who focuses on grandparent rights in Florida can review your individual circumstances and help you determine your chances of obtaining visitation rights to your grandchildren.

Sandra Bonfiglio, P.A., provides clients with excellent legal guidance based on extensive experience and knowledge. Let her assist you with your family law issues today.

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