Orlando Grandparents’ Rights Attorney
Common Reasons that a Parent or Parents Block Grandparent Visitation
Have you been denied access to your grandchildren? It can seem incredibly cruel, as well as harmful to the child, when parents do not allow grandparents to visit with their grandchildren, and in many cases this is entirely true. However, as a grandparent, you must keep in mind that the parents hold almost all of the cards, and that you must work in a cooperative manner to resolve whatever dispute the parent or parents have with you in order for you to be allowed to visit your grandchildren. Our Orlando grandparents’ rights attorneys can help you accomplish this.
Common reasons for grandparents to be denied visitation include:
- The death of one parent;
- The parents were never married, and the custodial parent has a bad relationship with the other parent (the grandparent’s son or daughter); and
- The parents got divorced.
Petitioning the Court for Visitation Rights
When the court makes a decision in favor or against the grandparents in regards to visitation rights, the following criteria are analyzed:
- Relationship between grandparents and the child;
- Length of that relationship;
- Whether the child derived support from the grandparents during the disruption to the family unit; and
- Health of the grandparents.
Unfortunately, Florida’s laws regarding grandparent visitation are extremely strict, and side almost fully with the child’s parents. The grandparents of a child whose parents are deceased, missing, or in a persistent vegetative state may petition the court for visitation. Or, if one of the child’s parents is dead, missing, or in a vegetative state and the other biological parent has been convicted of a felony or offense that shows a substantial risk of them harming the child, the grandparent may petition for visitation rights under Florida statute 752.011. Barring those circumstances, it can be extremely hard and unlikely that a grandparent would be given visitation rights. Because of this, we are of the belief that the best option for obtaining visitation is to work with the parent or parents, and to exhaust all options of conflict resolution before going directly to the courts.
Contact an Experienced Orlando Grandparents’ Rights Attorney at Once
Parents and children are not the only affected parties during a divorce or separation; grandparents are often impacted as well. Furthermore, when grandparents are denied visitation rights by one or both of the parents, the grandparents or grandparent may be able to take legal action. After all, studies, such as one recently published in the Oxford Academic, have shown that when a child has a positive relationship with his or her grandparents, there is a beneficial impact for both the child and the grandparents. And, because the court always makes timesharing and visitation decisions in favor of the child’s best interests, there is a chance that a grandparent will be awarded visitation rights when they work with an Orlando grandparents’ rights attorney. Reach out to Sperling Ducker PLC today for assistance.