The Law Offices of Eve McClurg, PA.

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The Law Offices of Eve McClurg, PA.

In the state of Florida, the grandparents’ rights are limited. Technically, grandparents do not have any specific rights to time sharing with their grandchildren in Florida. One exception to this is if the grandchildren are living with the grandparents. Under such circumstances, the grandparents could file a petition for extended family member custody, which would allow the grandparents to obtain custody of the children. If the children are not living with the grandparents, the grandparents might still have certain rights. For example, if one of the parents has committed a felony and is incarcerated, and/or one of the parents is deceased, then the grandparents may petition the court for time sharing in the state of Florida.

Is There Ever An Instance Where The Parents Are Deemed Unfit, And Custody Automatically Goes To The Grandparents?

If parents in the state of Florida are deemed unfit, the Florida Department of Children and Families would get involved and file a dependency action. At the time of the dependency action, the children would go with the grandparents. If the parents are deemed unfit due to abuse, neglect, or abandonment that rises to the level of a Chapter 39, which is the equivalent of a termination of parental rights, then the grandparents may move to have the children come live with them. Again, this is under very limited circumstances in the state of Florida.

Are There Any Circumstances Under Which Grandparents Can Sue For Visitation Rights?

Florida statutes are very limited in terms of when grandparents can file litigation for any sort of time sharing or visitation rights. Specifically, it would have to be shown that a parent is unfit in accordance with Chapter 39, meaning the parent has abused, neglected, or abandoned the children, and/or one of the parents is incarcerated for certain crimes, and/or one of the parents is deceased.

For more information on Grandparents’ Custody Rights In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 334-4383 today.

Eve McClurg

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(239) 334-4383