Grandparents play an important role in their grandchildren’s lives. They can help shape their grandchildren’s values and perspective on the world, and they can provide a greater sense of family and purpose. As such, you’d expect that grandparents would have some guaranteed rights to visit with their children, even if their own child, the grandchild’s parent, has lost sole custody of that child.
Yet, Florida law doesn’t guarantee any grandparent visitation rights. Instead, the burden rests with a grandparent to show that visitation with the child is in the child’s best interests. But figuring out how to navigate the law in this respect can be challenging, which is why we want to use the rest of this blog post to discuss what grandparent visitation looks like in a Florida custody case and what you can do to protect your interests as a grandparent as well as your grandchild’s best interests.
The state of Florida prefers to defer decisions about the upbringing of children to their parents. Therefore, pursuant to state statute, a parent can rightfully deny grandparent visitation in many instances. Although parents have broad protections to decide who gets to spend time with their children, there are certain instances where a grandparent may successfully petition for visitation.
When Florida grandparents can seek visitation with their grandchildren
There are several circumstances that may warrant a petition for grandparent visitation. One common scenario is when the child in question has been removed from the parent for abuse or neglect and has subsequently been adjudicated to be a dependent child. But there are other situations where a grandparent visitation or custody petition is warranted. This includes the following situations:
- The child’s parents have been missing for 90 days despite diligent efforts to locate them.
- The child’s parents are deceased.
- The child’s parents are in a vegetative state.
- One of the child’s parents is missing, deceased or in a vegetative state while the other has been convicted of a felony offense that poses a threat to the child’s safety and well-being.
- The child’s parents have otherwise been deemed unfit.
Gathering evidence to support a grandparent visitation request
Since the state provides a lot of deference to parental preferences, you’re going to need compelling evidence to demonstrate why your proposed custody or visitation arrangement is in the child’s best interests. As you gather that evidence, keep in mind that the court will assess the following best interest factors in making a determination on the petition:
- The grandparents’ stability and ability to provide the child with a safe and stable home.
- The extent of the bond between the child and their grandparents.
- The grandparents’ ability to meet the child’s emotional, educational and physical needs.
- The extent of ongoing contact between the grandparents and the child.
- The existence of emotional ties between the grandparents and the child.
While your own testimony can be helpful when seeking visitation or custody, you shouldn’t rely on it alone. Instead, consider whether there are other witnesses who can support your position, or whether there’s documentary evidence to buttress your arguments. For example, if you’re seeking to show that the child’s parents are unfit, then you might want to use drug screen results or substance use treatment records if drug or alcohol abuse is in question. Be diligent here so that you can present a persuasive case.
Act now to protect your grandchild’s best interests
Your involvement in your grandchild’s life is important. But it’s up to you to advocate for that involvement if the child’s parents are blocking you from playing the role that you want in the child’s life. If you’re prepared to file a petition for grandparent visitation or custody, then now is the time to get to work understanding the law, gathering evidence and crafting the compelling legal arguments necessary to succeed.