Grandparent’s Rights in the State of Florida
When a family is going through a divorce, things can get quite complicated as it pertains to parental rights, child custody and visitation. And as these family situations become more and more complicated over time, one thing that is often overlooked, is the rights of the grandparents – as in many legal instances, they are not even thought of at all and do not play a significant role int these types of negotiations. According to Mr. Steven Veinger, the top Russian attorney Miami has to offer, many times, in an effort to get back at their former spouse or to bolster their own custodial claim, one parent may even bar grandparents from spending any time with the children – thereby making it an issue that many would like to bring to the legal system and create some form of debate. As the top Russian attorney Miami has in practice, Mr. Veinger helps to better explain what the rights of the grandparents are during these trying family times.
In many cases, grandparents provide so much for young children. From gifts, and that $100-check each birthday, to more important things like free child care and providing a voice of guidance and wisdom. However, despite al this, grandparents have little to no rights in instances of divorces where they may be frozen out by one or both parents. According to Mr. Veinger, the top Russian attorney Miami has to offer, in some cases, grandparents can get the main custodial rights over the children as well – but this is difficult, and only happens occasionally. For the most part however, grandparents cannot petition for more visitation time or to spend more time with children in general as they are not the parents. In a situation where one or both parents have completed barred them from seeing their grandchildren, they have a small chance of obtaining court-ordered visitation, but this is highly unlikely.
The one thing the courts will take into consideration when deciding on the grandparent’s rights for visitation and custodial help is what is in the best interests of the child and their development. According to Mr.Veinger, the top Russian attorney Miami has to offer, the biggest factors they often take into the most consideration include:
· The extent and quality of the current and past relationship between the child and their grandparents.
· The relationship the grandparents have with the parents and their willingness to encourage a strong relationship between child and parents.
· What the child wants… if they are comfortable seeing their grandparents.
· The child’s physical and mental health.
· The grandparent’s physical and mental health.
One of the biggest issues in seeking visitation for grandparents is that in the event of one or both parents being considered a ‘fit’ parent, the courts will take the parent’s wishes into account and generally, won’t override the wishes of the parents. For instance, if one parent dies, and the living parent doesn’t want the children to spend time with their grandparents. The courts will not go against his or her wishes unless they are considered unfit or have some sort of health issues. And these situations are even more rare when it comes to full custody for the grandparents – as it only occurs in highly unusual situations. If a parent presents a danger to his or her child, or is deemed unfit, the court may transfer custody to grandparents.When both parents lose their parental rights, Florida law gives grandparents top priority if they choose to adopt the child, as long as the adoption is in the child’s best interest. The best thing grandparents can do is to consult with a lawyer, no matter what the situation might be. For more information, contact MR. STEVEN VEINGER today.