Grandparents play a pivotal role in the lives of their grandchildren. While
some parents embrace the help, wisdom, and love that grandparents can
provide, others may have hard feelings toward them, causing parents to
limit or prevent
Florida is home to millions of grandparents. However, it is also one of
the toughest states when it comes to winning grandparent visitation. Despite
the most recent statutory update, a specific criteria must be met in order
for a grandparent to obtain rights to see his or her grandchild.
Before July 1, 2015, a grandparent could petition for visitation rights
if the parent’s marriage had been dissolved, a parent had deserted
the child, or the child was born out of wedlock and the parents never
married. But with the passage of Florida Statute 752.011, the new law
allows suits for visitation in an extremely narrow set of circumstances.
The new statute allows for grandparent visitation under the following circumstances:
- Both parents are deceased, missing, or in a persistent vegetative state
- One parent is deceased, missing, or in a vegetative state AND
- The other parent has been convicted of a felony or an offense of violence
evincing behavior which poses a significant threat of harm to the minor
child’s health or welfare
In other words, if there is one parent who is around and not a violent
felony, grandparents have no visitation rights. So while the 2015 grandparent’s
visitation statue affords grandparents some rights, those rights are extended
to only a select few that meet the very specific criteria listed in the statute.
If you are interested in filing for visitation in Florida,
schedule a free consultation with our Daytona Beach family lawyers at
Stepniak & Park today.