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Petitioning for grandparents’ rights and the stipulations

On Behalf of | Feb 2, 2023 | Family Law

Florida is a state that recognizes the importance of grandparents’ rights to visit with their grandchildren. In certain circumstances, Florida law allows grandparents to petition for visitation rights if it is in the child’s interest. However, this is a complex area of the law, and grandparents need to understand their rights and options.

Petitioning for visitation

When a grandparent petitions for visitation rights, the court will consider several factors, including the following:

  • The relationship between the grandparent and child
  • The relationship of the parents and child
  • Any evidence of abuse or neglect

The court also considers the child’s want for a relationship with a grandparent. The court also examines the grandparent’s willingness to support the child’s relationship with the parents.

Being granted visitation

For the granting of visitation rights in Florida, the grandparents must first prove that they have a significant and substantial relationship with the child. This may involve providing evidence of frequent visits, phone calls or letters, as well as any gifts or other acts of kindness. The grandparent must also show that their relationship is in the child’s best interest.

Visitation rights are subject to change

Regarding family law, grandparents should be aware that rights to visitation are not absolute. For example, suppose the parent or legal guardian of the child makes an objection to the petition for visitation. In that case, the court will not grant the visitation unless it is proven to be in the child’s best interest.

If a grandparent gets visitation rights in Florida, these rights can be modified or terminated at any time if the circumstances change. For example, this may occur if the child’s relationship with the grandparent changes, if the parent or legal guardian objects to the visitation or if there is evidence of neglect or abuse.