Many grandparents play a vital role in the lives of their grandchildren, offering love, stability, and emotional support. In numerous families, grandparents are a constant presence, helping raise, guide, and care for younger generations. However, when parents separate, Divorce, or experience conflict, grandparents may worry about losing contact with the grandchildren they deeply love. At The Marks Law Firm, P.A. – Family Law & Divorce Attorneys, we have the opportunity to assist grandparents in Central Florida who have questions about their legal rights and options for maintaining meaningful relationships with their grandchildren.
Understanding Grandparents’ Rights in Florida
Florida law generally gives parents the primary authority to make decisions about who their minor children spend time with. As a result, grandparents’ rights, such as the right to Timesharing (commonly known as custody/visitation) are more limited in Florida than in some other states. However, that does not mean grandparents have no legal options. Under specific circumstances, grandparents may petition the court for Custody/Timesharing.
Grandparents may pursue legal rights in situations where:
- A parent is missing, deceased, or in a vegetative state.
- One parent has been convicted of a felony or an offense indicating substantial harm to the child.
- There is evidence that the child faces significant risk of harm without the involvement of grandparents.
In these conditions, the Court may consider a visitation order if it finds that grandparent involvement is in the best interest of the child.
When Can Grandparents Seek Custody?
While visitation remains limited, grandparents may seek Custody—referred to legally as Temporary Custody or Concurrent Custody—under Florida Statute if the child’s parents are unable to provide proper care. This may apply when:
- Parents are struggling with substance abuse.
- There is evidence of abuse, neglect, or abandonment.
- A parent voluntarily allows the child to live with grandparents for an extended period.
Courts in Central Florida take these cases seriously, as the child’s safety and well-being remain the top priority. When considering Timesharing petitions, Judges evaluate the stability grandparents can offer, the strength of the existing relationship, as well as the overall family circumstances.
The Importance of Legal Guidance
Grandparents’ visitation and Custody rights in Florida can be complex. The laws are detailed, the standards are high, and the process often requires presenting strong evidence to demonstrate why Court-Ordered involvement is necessary. Working with an experienced Central Florida family law attorney helps grandparents understand their options and when appropriate, develop a strategy based on current statutes and case law.
At The Marks Law Firm, P.A., our Team provides compassionate and knowledgeable guidance to grandparents seeking to maintain or strengthen their connection with their grandchildren. Whether you hope to secure visitation, establish temporary custody, or simply understand your rights, our attorneys are prepared to help you explore every legal avenue.
If you are worried about losing contact with your grandchild or believe your involvement is essential to their safety and emotional well-being, legal action may be necessary.
Contact us today to schedule a consultation in order to learn if we can help navigate your relationship with your grandchild.