Tampa Grandparents Rights Lawyer
When you think of child visitation, you may think this only applies to the child’s parents. However, Florida law allows grandparents (and other close family members) to request visitation as well.
Many grandparents play important roles in the lives of their grandchildren. They develop bonds with them and want to be able to visit them often, but sometimes the child’s parents will prevent visitation for some reason or another. Maybe there is a divorce and the family has split up. Or maybe the parents are abusing drugs or alcohol (or maybe even the child) and they don’t want the grandparents to know.
Family members have the right to file a petition with the court and request visitation. However, there are two things that must be proven: that visitation is in the child’s best interests, and that the child would be negatively impacted if visitation rights are not granted.
What are your legal rights as a grandparent? The Tampa grandparents rights lawyer at Faulkner Law Group, PLLC will help you understand state law and see if visitation is in the child’s best interest.
Infringement of Parental Rights?
There is controversy over grandparents rights. Many parents believe they have the constitutional right to parent their children without the interference of others. Parents ultimately have the right to control the upbringing of their children. Plus, many parents do not have good relationships with their in-laws or even their own parents, so why should they have to deal with them meddling? Shouldn’t the parent/child relationship prevail?
Is Visitation With the Grandparent in the Child’s Best Interest?
Of course, grandparents will not be able to have visitation with their grandchildren simply because they think they should. The court will look at the best interests of the children, which includes these elements:
- The opinions of those involves, including the children, parents, and grandparents
- The grandparents’ level of involvement in the child’s life
- The bond/type of relationship the grandparents have with the child
- Whether or not the grandparent can provide the child with a stable, nurturing environment
- The ability of the grandparent to meet the child’s needs
- The child’s preference
Besides being in the best interests of the child, the grandparent must show that visitation and/or custody is necessary because the child is in danger. A common example is that the child’s parents are dealing with alcohol or drug abuse. Domestic violence, criminal activity, and mental illness are other circumstances that may place the child in danger. These examples may convince a court that the grandparents or other family members should be given visitation rights.
Contact Us Today
Grandparents can play an important role in the lives of their grandchildren. However, after a divorce or relocation, the relationship may suffer, with the grandparents wondering what they can do next. At The Faulkner Law Group, PLLC, we can help you understand your rights as a grandparent. We’ll help you maintain your bond with your grandchildren. To learn more, schedule a consultation with our Tampa grandparents rights lawyer. Fill out the online form or call our office at (813) 544-3919.