Grandparents and Divorce: Rights and Rulings
Grandparents and Divorce: Rights and Rulings
During a divorce proceeding, judicial decisions can often determine how existing relationships beyond that of the divorcing couple will continue in the future. With children being whisked back and forth between parental residences, existing relationships between grandparents and grandchildren may fall by the wayside. For this reason, grandparents have attempted, over the years, to obtain court-ordered rights of visitation, with mixed results.
The area of grandparent visitation is confusing and frequently changing, both within Florida and state by state. “Many states now have legal options in place for visitation or custody by grandparents, which is why it is so important to speak with an experienced attorney to learn what options might be available to you,” said Norman Green, senior partner at Green & Metcalf of Vero Beach, Florida.
Pursuant to Florida statutes, grandparents can petition for physical custody of their grandchildren where one or both parents are deceased, incapacitated or unsuitable for various reasons. Other than that, there is no grandparent visitation in Florida.
The Florida Supreme Court has held that the parental right to privacy takes precedence over the rights of grandparent visitation. However, an order obtained for grandparent visitation from another state will be enforced in Florida, under the Full Faith and Credit Act – even if that order or ruling would not have been granted in a Florida court. Of course, the parties may agree to grandparent visitation, but it will not be enforced by courts in Florida.
The only exception in which a grandparent may be able to exercise court-ordered visitation in Florida is in the instance of temporary deployment or assignment of a member of the armed services. In this type of situation, where a military member is temporarily deployed, he or she may request that a family member exercise the parent’s timesharing. This is on a case-by-case basis and only for temporary situations.
“With the complexity of the law and the many changes in court decisions, grandparents seeking visitation should consult with an attorney to determine their rights and options,” Green said.
Norman A. Green is the founder and a partner of Green & Metcalf - Attorneys At Law. He has over 40 years of experience in the practice fields of criminal defense and family law (divorce, child custody, child support, paternity, modifications of existing orders, prenuptial agreements and alimony cases).
