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Understanding Grandparents' Rights in Florida

On behalf of The Law Offices of Cindy D. Sackrin posted in Family Law on Thursday, January 28, 2016.

Grandparents' rights in Florida received a lot of attention over the past year. Grandparents' visitation and custody rights can be a challenging and sensitive issue for both parents and grandparents. In order to protect and act on their rights, grandparents must consider many legal issues. Amongst them are what laws apply to a grandparent request for child visitation or custody, when and how the request should be made, and what factors the court evaluates when considering such a request.

In these instances, it may be helpful for grandparent to be familiar with the law as it applies to them and their circumstances.. By knowing the law, or having an advocate on their side who does, grandparents, and parents, can better ensure that they make the legal arguments necessary to try to protect their legal rights and their relationship with the child. It is important to keep in mind that the court will evaluate, and seek to determine, what is in the best interests of the child when a request for grandparent visitation or custody is made.

In Florida, courts may award grandparent visitation when it is in the best interests of the child, the parents have gone through the marriage dissolution process and are divorced, a parent has deserted the child, or the child was born out of wedlock. Depending on the situation, grandparents and parents can find themselves amidst a heated battle, which is another reason why having an objective advocate on one's side can be beneficial

The family law process is designed to help families in a number of situations, such as when a grandparent is seeking child visitation of custody. The goal is to always resolve family-related concerns in a way that achieves the best interests of the children, which parties should keep in mind when considering their legal options.

Source: FindLaw, "Summaries of State Law: Grandparent Visitation and Custody," accessed Jan. 24, 2016

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