Child Custody Laws for Grandparents in Florida

Family relationships can become complicated when parents separate or when one parent passes away. In these situations, grandparents may want to stay involved in a child’s life. However, in Florida, the law puts parents’ rights first, which means grandparents don’t always have automatic rights to time-sharing or parental responsibility (child custody).

However, there are specific circumstances where Florida law allows grandparents to ask for court-ordered visitation or parental responsibility. This blog post will explain when that might apply and what steps grandparents can take.

What Is Time-Sharing and Parental Responsibility in Florida?

Florida no longer uses the term “custody.” Instead, courts refer to “time-sharing” and “parental responsibility,” which are part of a broader parenting plan. In most cases, these proceedings only involve the two parents. Florida courts usually assume it’s best for the child to have ongoing contact with both parents unless there’s evidence of harm or abuse.

Because the law favors parental rights, grandparents do not have a built-in right to time-sharing. That means even if you’ve had a close relationship with your grandchild, you may not automatically have a legal say in their care or schedule.

When Can Grandparents Request Visitation Rights?

Florida Statutes 752.011 outlines the situations where grandparents can seek court-ordered visitation. These include:

  • One or both parents are missing, deceased, or in a permanent vegetative state
  • One or both parents have been convicted of a felony or violent offense that seriously harms the child’s safety
  • There is evidence that continuing the relationship would be in the child’s best interest

In these cases, a grandparent can file a petition for visitation in family court. The judge will consider several factors, including the child’s age, emotional needs, and how strong the bond is between the grandparent and the child.

Can Grandparents Ever Get Parental Responsibility?

Yes, but only in very limited situations. Parental responsibility (which specifically refers to legal custody of the child, whereas time-sharing refers to where the child will live) usually belongs to the child’s legal parents. However, if both parents are unable or unfit to care for the child, a grandparent may be considered as a potential guardian.

Some examples of when this might happen include:

  • Both parents pass away or lose their parental rights
  • A child is removed from the home by the Department of Children and Families (DCF)
  • A parent voluntarily gives up their rights and names the grandparent as a guardian

In these cases, courts may grant parental responsibility or place the child in the care of the grandparent temporarily or permanently. But the burden of proof is high, and the court’s priority will always be the child’s best interest.

What Courts Consider When Reviewing Grandparent Requests

When a grandparent requests visitation or responsibility, the court looks at many different factors. These may include:

  • The existing relationship between the grandparent and child
  • The wishes of the child, if old enough to express them
  • Whether the grandparent has ever acted as a caregiver
  • The physical and emotional well-being of everyone involved
  • Whether the parent objects and why

Florida courts are cautious about overriding parental decisions, so evidence must be strong and clearly show that the child would benefit.

Contact an Experienced Florida Family Law Attorney About Your Rights

Grandparents play a special role in a child’s life, but Florida law limits when they can step in legally. If you’re a grandparent in Florida and want to understand your time-sharing rights or explore options for parental responsibility, a family law attorney can help.

Call McMichen, Cinami & Demps to schedule a free initial consultation today and get started with your case.

Contact the experienced Orlando child custody lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803