If you are a grandparent and your child is getting divorced, and you are concerned about how child custody agreements might impact your ability to see your grandchildren, it is important to understand your rights. In Florida, it is very difficult for grandparents to seek visitation rights. In general, you’ll have to wait until your children work out their parenting plan, and then ask to see your grandchildren when your own child has parenting time.
Generally, your best route to seeing your grandchildren is to speak to your children about when your child will have time with the child, and ask to visit the children during this time. However, there may be circumstances when grandparents may be able to assert visitation rights. If you are concerned about the safety or well-being of the children, or if you feel that your child is not a fit parent, you may have the right to seek custody. However, taking this step could have major implications and it should only be attempted only if there is a legitimate danger to the child’s safety.
Sandy B. Becher, PA are child custody attorneys in Miami, Florida who can help you understand your rights as a grandparent and may be able to assist you in taking legal steps to permit you to continue to maintain a relationship with your grandchildren. Unfortunately, in most circumstances, grandparents cannot assert visitation rights when their children get divorced. Generally, the way child custody works in Florida is like this:
- A parenting plan is drawn between both parents that grants each parent shared parenting time.
- When your child has parenting time, he or she can grant you visitation time with your grandchildren.
According to the Florida Bar, non-parents generally do not have the right to assert visitation rights. This means that in Florida, grandparents generally do not have visitation rights and they cannot assert these rights when their children are getting divorced. However, there are certain exceptions to this law. If a child is in the military and is deployed, active, or away in service, grandparents may be able to assert their rights to the children. If the parents are deemed to have deserted the child, if the parents are deemed unfit, or the parents die, the grandparent may be able to assert their custody rights. A Florida Supreme Court ruling found that grandparents cannot generally assert their right to visit a child because doing so would be in violation of a parent’s privacy, despite language in the law that permits grandparents to seek visitation.
If you are a grandparent and have concerns for the safety of your grandchildren, or if you have questions about how you can assert your right to see your grandchildren, speak to the family lawyers at Sandy B. Becher, PA in Miami, Florida today. Our attorneys can help you understand the child custody process, and help you understand your rights. And, if your case falls into the realm where you can, as a grandparent seek custody or assert visitation rights, Sandy B. Becher, PA can assist you with taking steps to protect your rights.
Are You a Grandparent Seeking Custody of Your Grandchildren?
If you have legitimate concern about the safety of your grandchildren because you believe that both parents are unfit, you may have the right to seek custody. If both parents are ill, addicted to drugs, have committed violent crimes, have been charged with child abuse or domestic violence, or if you have good reason to believe that the children may be in danger if they continue to live with your children and their partner isn’t a fit parent, you could seek custody. If both parents are deemed unfit, grandparents may be given priority when the courts make decisions about custody. However, seeking custody is a serious decision that can impact your children’s rights as a parent and should only be done if you have a good reason to believe that the children are legitimately at risk. Sandy B. Becher, PA are child custody attorneys who can help you understand your rights if you are a grandparent and are seeking custody of your grandchildren in Miami, Florida.
Parent’s Rights When It Comes to Grandparents
Parents have the right to decide who can and cannot see their children. This includes the right to deny visitation to grandparents. If your parents want grandparents’ visitation rights, you can say no. When you child is in the custody of your former partner, he or she may be able to grant his or her parents the right to see your child. But, what happens if you do not want your child to see the grandparents (your ex’s parents)? What happens if you are concerned for your children’s well-being? As a parent, you have the right to decide who your children can and cannot see. However, barring your children from seeing their grandparents (when your concern is your ex’s parents) may have to be stipulated in your parenting plan, because when your ex has parenting time, they may be able to take the children to see grandparents (their parents). Sandy B. Becher, PA are child custody attorneys in Miami, Florida who can help you resolve some of the more complex issues that can arise when parenting plans are being drafted. If you are concerned about your children seeing grandparents, contact our firm today.
