If you are a Florida grandparent who is not being permitted to visit with your grandchildren, you may have the right to assert your legal right to visit with your grandchildren in court. Grandparents in Florid have the ability to submit a legal petition to secure visitation rights under a variety of circumstances.
First, if a child was born to two unmarried parents, a grandparent can file a legal action to secure visitation rights. Let's say the mother of the child wants nothing to do with the biological father, but the father's paternity has already been established. The mother may be required to allow the grandparents to visit with their grandchildren if such a legal petition is successful.
Secondly, if one or the other parents of the grandchild has deserted the child, the grandparents of the deserting parent can file a petition for visitation rights. In this situation, the non-deserting parent may wish to keep the children from the deserting parent's side of the family. However, under Florida law, the grandparents from this family may still be able to secure visitation rights.
Third, divorce and the dissolution of a marriage could also interfere with a grandparent's ability to visit with a grandchild. Following the dissolution of a marriage, grandparents will have the right to petition for visitation rights independently of their son or daughter.
Grandparents' visitation rights are covered under Chapter 752 in the Florida statutes. In order to learn more about your grandparental rights and how to file a petition for grandparental visitation rights, Florida grandparents may wish to consult with an experienced family law attorney.
Source: Reference, "What are a grandparent's rights in Florida?," accessed Dec. 01, 2016