West Palm Beach Grandparents’ Rights Lawyer
Sadly, a divorce or the death of one parent can mean the end of a grandparent’s right to see a child. Florida’s laws regarding grandparent visitation are among the most restrictive in the nation. However, recent changes in the state’s laws do give grandparents the right to petition the court for visitation in certain limited circumstances. If you are dealing with a dispute over grandparent visitation, an experienced West Palm Beach grandparents’ rights lawyer can help you work toward the solution that is best for your child.
Petitions for Visitation
Florida policy prefers that families resolve grandparent visitation disputes within the family. If this is not possible, a grandparent may petition the court for visitation, but only if certain conditions are met. This is because in Florida, parents have the right to control who sees their children. Petitions are permitted if either:
- Both parents of the child are deceased, missing, or in a persistent vegetative state; or
- One parent is deceased, missing, or in a vegetative state, and the other parent has been convicted of a felony or an offense demonstrating a substantial threat of harm to the child.
A parent is considered to be missing if his or her whereabouts have been unknown for at least 90 days and the parent cannot be located after a diligent search.
Notice of the petition must be served on the child’s parents. After a petition is filed, if the court finds some evidence that visitation is warranted, it must refer the case to family mediation. In mediation, a neutral third party attempts to help the parents and grandparent come to a mutually acceptable solution.
If the family cannot resolve the visitation issue in mediation, there will be a hearing in court. After the hearing, the court may award grandparent visitation if there is clear evidence that:
- A parent is unfit or there is significant harm to the child;
- Grandparent visitation is in the best interests of the child; and
- Visitation will not materially harm the parent-child relationship.
Child’s Best Interests
The court looks at several factors to determine whether grandparent visitation is in the child’s best interests, including:
- The grandparent’s willingness to foster a good relationship between the child and parents;
- The duration and quality of the child’s relationship with the grandparent prior to the divorce;
- The parent’s reasons for ending contact with the grandparent;
- The child’s preference;
- The mental and physical health of the child and the grandparent;
- A guardian ad litem’s recommendation;
- The results of psychological testing on the child; and
- Any other factors the court deems relevant.
Material Harm
When determining if visitation will materially harm the parent-child relationship, courts consider factors including:
- Prior childrearing disputes between the parent and grandparent;
- Whether visitation would interfere with parental authority;
- Whether visitation can be arranged so as not to detract from the child’s relationship with the parent;
- The relationship between the parent and the grandparent;
- The parent’s reason for ending contact between the child and grandparent;
- The toll of visitation disputes on the child; and
- Any other factors necessary to the court’s evaluation.
Modification
An order of visitation with a grandparent may be modified in some situations. The party seeking modification must show that there has been a substantial change in circumstances and that the modification is in the child’s best interests.
In the event of an adoption by a stepparent or close relative, the stepparent may petition the court to terminate a visitation order that was entered before the adoption. The court may terminate the order unless the grandparents can show that the conditions that lead the court to grant the visitation still exist.
Grandparents’ Visitation Rights in Florida
In the United States, parents have fundamental rights when it comes to their relationships with their children. The government is not permitted to interfere with this relationship unless that relationship could potentially harm or has already harmed the child(ren). At that point, the government has the burden to prove that the parent’s fundamental rights to the child should be terminated because it is in the best interest of the child. The legal relationship between child and parent is well-defined in our family law system. However, there are other relationships that are less legally-defined but are considered still just has relevant and essential to the child and his/her best interests, such as third-party relationships like those with grandparents, aunts, and uncles. If you or a loved one is looking to petition for visitation rights with a minor child, it is important to speak with an experienced family law attorney.
History of the Grandparental Rights in Florida
As of last year in Florida, Gov. Rick Scott signed into law the Grandparental Visitation Rights. This law seeks to establish a more defined legal relationship between grandparents and their grandchildren, and the extent of their visitation and custodial rights depending on the status of the parents. In the past, because of the fundamental nature of parental rights, courts and governments have been hesitant about interfering and undermining parents who decide to not allow their child to have a relationship with the grandparents. However, over the last couple of decades, the traditional definition of the nuclear family has shifted, and the extent to which grandparents and other third parties were involved in the raising of the child grew. More studies showed that grandparents’ involvement (and other supportive third parties) was having a positive influence on the children.
Petition Procedure for Grandparental Visitation Rights
According to Florida’s new law, grandparents may petition for visitation with a minor child where the parents are deceased, missing, or in a vegetative state, or where one of the parents is deceased, missing, or in a vegetative state, and the other parent has been convicted of a felony and/or a violent offense that may show that the minor child’s well-being is at risk for substantial harm. If the court finds from clear and convincing evidence that the parent is unfit or that the child is at considerable risk for substantial harm due to a parent’s past history, criminal record, or past abuse, the visitation by the grandparents with the child will be considered to be in the best interest of the child. Finally, it must be proven that the grandparental visitation will not cause harm to the child.
Factors to Determine Whether Grandparental Visitation is in the Best Interest of the Child
To determine whether the grandparental visitation is in the best interest of the child, the court will review the following elements:
- The duration and extent of the relationship between the grandparents and the grandchild;
- The mental and emotional stability of the child;
- The mental and emotional condition of the grandparent;
- The extent to which the grandparent provided love, care, emotional support, and/or financial support to the child;
- The reasons cited why the parent did not want the child to have a relationship with the grandparent, if the grandparent was unable to maintain a consistent relationship with the child due to a parent’s decision; among other factors.
Contact a Skilled West Palm Beach Grandparents’ Rights Lawyer Today
If you have become involved in a dispute regarding grandparent visitation, an attorney can help you reach a solution that is best for your family and the child. Please contact West Palm Beach family law attorney William Wallshein to schedule a free consultation.
