Grandparents and Third-Party Custody – Visitation in Jacksonville Florida

Jacksonville FL Divorce Lawyer – Family Law Attorney

When a married couple makes the decision to file a dissolution of marriage proceeding in the state of Florida, its impact is felt by everyone in the family. Of course the children are the first family members that come to mind, but the rest of the extended family is also affected. In many if not most families, the grandparents of the children play a significant role in their lives, and the visitation rights of the grandparents may fall into question when a couple is engaged in a marriage dissolution. The court is always going to prefer that the former couple make these types of decisions on their own with the best interests of the children in mind. And in most cases, both parents can come to an agreement about how and when the children can spend time with their grandparents and other members of the extended family.

However, there are cases where one or both of the parents object to voluntary visitation arrangements for a grandparent or grandparents, and the Florida Statutes do allow for visitation for grandparents under certain conditions. If the couple is still married and living together, the grandparents do not have any legal standing from which to seek court ordered visitation rights. However, if the marriage has been dissolved, the court can rule that visitation rights for the grandparents are in order if they decide that it is in the best interests of the child or children in question, if an instance of parental desertion exists, or if the parents of the child or children were never married.

When it comes to child custody, the state of Florida takes a strong stance concerning the fundamental right to bear and raise children. Unless the custodial parent or parents are willing to relinquish custody, grandparents or any other third parties who are seeking custodianship will have to be able to prove that both parents are unfit to care for their children, and the evidence must be irrefutable and convincing. In the state of Florida, once the child reaches the age where he or she fully understands the situation, the child may state a preference concerning custodianship, and it will be given significant weight, but it will not be the sole deciding factor. So the bottom line is that it is possible for grandparents to gain custody of a grandchild or grandchildren, but the state is always going to tend toward the fundamental right of the parents.

For more information about grandparents and third-party custody/visitation, contact a Jacksonville FL family lawyer with a background handling these matters.