by Katherine Mish, Esq. of Treasure Coast Legal

Custody battles in Florida are not always between the parents; sometimes it involves a third party, like a grandparent. Many grandparents are already raising their grandchildren and are often very upset when a parent returns and is able to take their child back and keep the child from the grandparents as they wish. Child custody laws typically vary state by state, and unfortunately, Florida has done very little to establish custody rights for grandparents. In Florida, grandparents are able to get court ordered visitation of a child under a very specific set of circumstances.

Florida Statute 752, titled Grandparental Visitation Rights, establishes the specific circumstances and factors considered when a grandparent can petition the court visitation of a minor child. When both of a minor child’s parents are deceased, in a persistent vegetative state, or missing, or where one parent is deceased, in a persistent vegetative state, or missing and the other parent is convicted of a felony or of an offence of violence that poses a substantial threat of harm to the minor child’s health or welfare, a grandparent may be granted visitation rights.

In addition to those circumstances, the court also considers additional factors including the relationship between the minor child and the grandparent, if the visitation will harm the parent-child relationship, any reasons cited by the responding parent for the termination of the contact or visitation between the minor child and grandparent, along with many other factors.

If you are facing a child custody or visitation issue, or you just want to explore your rights and options, please contact our office for a confidential consultation today.

Treasure Coast Legal offers representation in a wide variety of practice areas and is the first place to call with your legal needs. Contact us today for more information by calling 772-283-2626 or visit us online at TreasureCoastLegal.com.