Family dynamics in Florida are often complicated. If your child has divorced their spouse or passed away, you may no longer enjoy spending time with your grandchildren due to visitation issues. At Schipani and Norman, P.A., we often represent clients who file for grandparent visitation rights.
According to FindLaw, the court evaluates several factors before granting visitation rights to grandma and grandpa:
- Is there an emotional bond between the child and his or her grandparents?
- Has one parent died, gone missing or in jail on a felony charge?
- Are the parents unfit?
- Does the child experience emotional harm as a result of the family unit disruption?
- Does the child wish to see grandma and grandpa?
If the parents have denied visitation, the courts may consider the marital status and if contact with you are in the best interest of the child. Proving one or both parents unfit is challenging. In the event one or both parents are opioid-dependent, you may file for custody of your minor grandchildren rather than visitation. This can prevent them from going to foster care.
Although the court prefers families to work visitation issues out amongst themselves, mediation can help move the process forward if both sides cannot agree. Should your case go to court, you must establish a variety of statutory conditions. If stepparent or another grandparent adopts the child, your visitation rights may end abruptly. Having the assistance of an attorney can help you navigate the complex legal system so that you may resume a relationship with your grandchild. Visit our webpage for more information on this topic.