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Do grandparents have visitation rights?

On Behalf of | Oct 8, 2016 | Child Custody |

If you are a grandparent or are concerned about a grandparent’s ability to visit your child, it is vital to understand where state law stands on grandparent visitation. In Lee County, and across Florida, visitation can have a significant impact on families. As a result, it is essential for parents to make the best interests of their children a top priority and handle legal matters involving their family properly.

If a minor has a parent who is in a coma, is missing or has passed away and their other parent’s criminal record reflects a threat to the child, his or her grandparent may file a petition for visitation rights. According to the Florida Legislature, grandparents may file a visitation petition if certain conditions are met. For example, if courts find that a parent is not fit to raise a child or poses a serious risk to a child, court-ordered visitation rights may be awarded to a grandparent. Courts will consider a child’s best interests as well as their relationship with a grandparent.

Courts will also examine a variety of factors when making decisions on grandparent visitation, such as the emotional bond between grandparents and their grandchildren as well as the reasons behind a parent’s choice to prevent a grandparent from visiting their grandchild. If you are a parent or grandparent who is struggling with legal issues related to visitation, it is very important to understand that every situation is unique and take an individualized approach.

Please remember that this post does not constitute legal counsel.

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