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…continue reading →
When it comes to awarding custody of a child to the grandparents, often times the grandparents are left without much recourse. Parents have a natural and a legal right to the custody of their children. Thus, a court will award custody to the parent absent any strong, clear and convincing evidence that the parent or parents are unfit to provide care for their child. Where the parent has been shown to have the ability to care for the child, the person has an absolute right to custody over any right of a nonparent.…continue reading →