A divorce can create challenges for all family members, and grandparents may worry about being able to spend time with grandchildren if a contentious divorce and child custody case has occurred. While an amicable custody arrangement might not require any court action for grandparents seeking the opportunity to continue to have interaction and visits with a child, a grandparent may be able to seek court assistance if a grandchild's parents object to nurturing this relationship.
Florida courts may award reasonable rights related to visiting a child if it is deemed to be in the best interests of the child. Certain conditions must be met, however, for visitation orders to be granted. For example, the parents of the child must have dissolved their marriage, or the child must have been born out of wedlock or deserted. The court will also consider the relationship between a child and his or her grandparents.
A child's preference may be important if he or she is deemed mature enough to have a say. The physical and mental health of both the grandparents and the child are considered as well. Any additional issues or circumstances deemed important by the court system may also be considered as visitation rights are discussed. A grandparent may not obtain visitation rights for a grandchild who has been given up for adoption in most cases.
As a grandparent considers seeking legal visitation rights, it may be important to discuss the issue with a lawyer to determine whether required conditions have been met. A lawyer may assist by putting the motion for these rights together and by providing documentation and other supporting information related to important factors in the case.
Source: Online Sunshine, "CHAPTER 752 GRANDPARENTAL VISITATION RIGHTS", November 13, 2014