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Do Grandparents Have Any Legal Rights To Visit Their Grandchildren?

NEW TAMPA FAMILY LAW ATTORNEYS

The dynamics of family relationships can be complicated and difficult at times. As relationships change, sometimes grandparents find themselves in a situation where they are unable to visit their grandchildren. This can happen when one parent passes away and the remaining parent does not want to allow a grandparent to see their grandchildren or when shifting family dynamics result in cutting off grandparents from their grandchildren. The resulting pain and frustration often leads grandparents to question whether they have legal rights to visitation with their grandchildren.

Under current Florida law, grandparent visitation rights are exceedingly difficult to obtain and exist only under a very limited set of circumstances. Both parents must be unable to act in a parental role because they have passed away, are missing, are incapacitated (such as a coma or persistent vegetative state), or are a threat to the child’s health, safety, or welfare.

 

Though this is devastating to both the grandparents and the grandchildren, in the end, if there is a parent who is in the picture and who is not a danger to the child, a grandparent will be unable to legally enforce a right to visit or have time-sharing with the grandchild.

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