The Rights of Grandparents in Divorce

Florida Law is aware of the importance of allowing grandparent's contact with the children after a divorce. Florida Statute Chapter 752, Grandparental Visitation Rights, makes it clear under what circumstances a grandparent or great grandparent will have visitation rights with their grandchildren. To summarize, a grandparent is entitled to visitation if it is in the best interests of the children. If the court determines that the best interests of the children are being served and the marriage of the parents has been dissolved, or one parent has deserted the family, or the child was born out of wedlock, or either parent is deceased, then visitation by the grandparents may be granted.

The court uses many factors to determine if the best interests of the children are being served by granting visitation to the grandparents.

(a)  The willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents.

(b)  The length and quality of the prior relationship between the child and the grandparent or grandparents.

(c)  The preference of the child if the child is determined to be of sufficient maturity to express a preference.

(d)  The mental and physical health of the child.

(e)  The mental and physical health of the grandparent or grandparents.

(f)  Such other factors as are necessary in the particular circumstances.

Knowing your rights and being represented by a qualified Family Law Attorney will insure your best chance in any Family Legal matter.