Protecting Grandparents’ Rights in Orlando, FL
Federal and state law recognize the right of parents to raise their children free from interference. Still, a few legal options may be available to grandparents and other relatives when seeking court-ordered visitation or custody based on concern for child welfare.
Florida Law on Grandparent Visitation as an Independent Action
Under Florida Statute § 752.011, grandparents may file a case for visitation or custody of grandchildren under the following limited circumstances:
(i) both parents are deceased, missing, or in a persistent vegetative state;
(ii) one parent is deceased, missing, or in a persistent vegetative state and the other parent has been convicted of a crime that places the child in imminent and substantial risk of harm; or
(iii) one parent is criminally or civilly liable for the death of the other parent.
Temporary Custody by Extended Family Member
Florida law allows grandparents, and certain other extended family members, to seek temporary custody under specific conditions. Under Chapter 751 of the Florida Statutes, extended family members may petition for custody based on (i) the written consent of both parents or (ii) evidence of endangerment and proof that the child is already living with the petitioning extended family member full-time (not just a temporary visit).
Dependency
In dependency cases filed by DCF, grandparents and step-grandparents are entitled to visitation if (i) the child has been adjudicated dependent and (ii) the child is in out-of-home care. Grandparent visitation ends upon reunification with either parent if the reunified parent objects to such visitation.
Federal Full Faith and Credit
Other states may have more permissive grandparent rights laws that conform with federal law, or that do not conform with federal law but were not timely appealed. Florida courts are required to enforce valid orders from other states under the Full Faith and Credit Clause of the U.S. Constitution.
Grandparents seeking custody or visitation rights should consult an experienced Florida attorney for assistance. DeVoe Law Firm has experience obtaining grandparent visitation in temporary custody by extended family member and dependency cases.
