Grandparent Rights In Florida Relating To Child Custody

Are there Grandparent Rights in Florida?

When it comes to timesharing, formerly referred to as visitation, family members (furry or not) are out of luck.  Just as Florida family courts refuse to recognize “custody” arrangements for the family pet, there are no grandparent rights in Florida for contact with their grandchildren. Grandparents legal rights, per se, are now obsolete.  The court found that (the now abrogated) section of Florida Statute 61.13, which granted grandparents with whom the child was living with standing to seek custody, to be facially unconstitutional because it violated the natural parent’s fundamental right to privacy to rear his or her child.

grandparent rights in floridaThe court further decided that this constitutional privacy right is not considered waived if a natural parent enters into a visitation agreement with the child’s grandparent. This means that the parent can revoke the agreement to such visitation at any time, even if had previously been incorporated into an agreed order. Any grandparent rights in Florida allowed are completely up to the child’s parent as the parent has a privacy right to raise his or her child without government intrusion absent a demonstration of harm to the child. The “best interests of the child” argument was countered when a trial court’s orders were designed to facilitate grandparent visitation over a parent’s objections, despite the lack of any allegations of wrongdoing,  which the 4th DCA ruled to be unlawful as it is up to the parent to decide what is in the best interest of his or her child. The end result: there are no grandparent rights in Florida.

**It is important to note  that if any circumstances present themselves that question the safety of the minor child, any concerned party may seek the initiation of proceedings     to protect the well-being of the child through dependency proceedings under Florida Statutes Chapter 39.

Issues surrounding timesharing and formulating a parenting plan, as well as determining what is in your child’s best interest, can be difficult. Make sure you retain a family lawyer who knows the complexities involved with grandparent rights in Florida and other matters of child custody.

 

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