Tampa Grandparents’ Rights Attorney
When many people think of child visitation, they often believe that it only applies to the parents of the child. However, state law allows grandparents and other close relatives to ask for visitation, as well. Grandparents play an important role in the lives of their grandchildren. They often want to visit their grandparents often so they can maintain their bond with them. There are times, though, when parents do not want grandparents to visit with their grandchild. In these instances, grandparents can file a petition with the court, but doing so is not easy. Below, our Tampa grandparents’ rights attorney explains more about the process.
Can Parents Deny Grandparent Visitation?
Grandparents may lose visitation in a number of ways. One parent may pass away, or the parents may get a divorce. Sometimes, people simply do not get along well with their in-laws or even their own parents. Regardless of why grandparents lost visitation, parents generally have the right to determine who can see their child, and who cannot. As such, even if a grandparent thinks the loss of visitation is unfair, they often cannot take legal action to obtain visitation.
Parents also have the right to know where their children are and who they see during visitations. As such, parents have the right to know if the child is left with grandparents without the consent of the parents. The only exception to this is when parents get a divorce and afterwards they have shared custody. If one parent wishes to leave the child with a grandparent, the other parent does not have to be notified.
When Can Grandparents Petition for Visitation?
There are a few instances when grandparents can petition the court for visitation with their grandchild. These include when:
- The child’s parents have been missing and have not been seen for at least 90 days after a thorough inquiry and search,
- Both of the child’s parents have passed away,
- Both of the child’s parents are in a persistent, vegetative state,
- One of the child’s parent has passed away, is missing, is in a persistent vegetative state, and the other parent has been convicted of a violent or felony offense, and
- The child’s parents are considered legally unfit to raise the child.
When grandparents petition the court for child visitation, they must prove that it would be in the best interests of the child. The courts will then take many factors into consideration including how involved the grandparents are in the child’s life, the grandparent’s ability to meet the needs of the child, and more. If a child is of a certain age and maturity, the court may also consider their preference.
Our Grandparents’ Rights Attorney in Tampa Can Provide Sound Legal Advice
Grandparent adoptions do happen in Florida, but they are incredibly complex. At Florida Law Advisers, P.A., our Tampa grandparents’ rights attorney can make sure that your rights are upheld so you obtain the visitation you are seeking and maintain your relationship with your grandchild. Call us today at 1 (800) 990-7763 or fill out our online form to schedule a consultation and to learn more.
