Grandparent’s Right to Visitation

Grandparents tend to have a tough road in Florida when seeking visitation rights.  When faced with a petition filed by a grandparent for visitation, the court will award visitation when it is found to be in the best interest of the child and one of the following circumstances applies: 1) the marriage of the parents of the child has been dissolved; 2) a parent of the child has deserted the child; or 3) the minor child was born out of wedlock and not later determined to be a child born within wedlock.

A grandparent must establish that visitation is in the child’s best interest.  When making this determination, the court will consider the following: 1) the willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents; 2) the length and quality of the prior relationship between the child and the grandparent or grandparents; 3) the preference of the child if the child is of sufficient maturity to express a preference; 4) the mental and physical health of the child; 5) the mental and physical health of the grandparent or grandparents; and 6) such other factors as necessary in the circumstances.

However, it should be noted that Florida courts have begun to view any statute that attempts to compel visitation with a grandparent based solely on the best interest of the child to be unconstitutional.  These courts found that the parents have a fundamental right to privacy and a fundamental right to raise their children which has made it harder on grandparents.