Grandparent Visits and Florida Family Law

In some families, the connection between grandparents and grandchildren is prioritized. But in other families, this is not possible. Sometimes there isn’t communication between grandparents and grandkids because family dynamics are strained, which could be the case in situations where parents are going through a divorce or separation.

While parents make the rules for their kids, grandparents can have certain rights when it comes to maintaining a relationship with their grandchildren. If you are a parent who is ending a union but wants to be sure your kids continue to have a relationship with their grandparents, talk to a West Palm Beach family attorney about including grandparent visitation within a parenting plan. Legal professionals have the skills you need to assist in drafting effective co-parenting documents.

Parenting Plans and Grandparent Petitions

A proactive and collaborative approach for divorcing parents, parenting plans can contain information about grandparent visits. A parenting plan outlines the responsibilities and decision-making authority of each parent, as well as the time-sharing schedule for the child. By addressing grandparent visitation in the parenting plan, parents can establish clear expectations and avoid potential conflicts in the future.

While it is far less adversarial to have parents manage when grandparents can see their grandkids, in certain circumstances grandparents may be able to take legal action if their access to the grandchildren is being denied. Florida statutes recognize the importance of preserving the relationships between grandparents and their grandchildren, especially when it is in the best interest of the child.

• Grandparents may file a petition for visitation rights in Florida if one of the parents is deceased, missing, or in a persistent vegetative state.
• Seeking visitation is also sometimes possible if the parents are divorced, the child was born out of wedlock, or if the child has been removed from the parents’ custody.
• When requested, Florida courts can consider the needs of the child, weighing factors such as the existing relationship between the grandparents and the child, the mental and physical health of all parties involved, and any evidence of abuse or neglect.

If divorcing parents have strong views on relationships within their extended families, parents would likely benefit from choosing to either explicitly include provisions for grandparent visitation or address it indirectly by acknowledging the importance of the child’s relationship with other family members.

Talk to an Attorney About Grandparent Visitation

Having questions about how to draft a comprehensive parenting plan is normal. A West Palm Beach family attorney can help divorcing parents navigate the process, including talking them through the complexities of including visitation with other family members, such as grandparents, within a parenting plan. Attorneys can provide guidance on the specific language to use within a plan, ensuring that the provisions are legally sound.

Do you have questions about how grandparent-grandchild relationships can be protected as you move toward divorce? Divorcing parents can benefit from drafting a thorough parenting plan. Discuss the specifics of your situation with the legal team at Bruce S. Rosenwater & Associates. Schedule a free initial consultation to learn more.