Petition For Grandparent Visitation Rights

by Dennis from Homestead, Florida, Miami-Dade County

Petition For Grandparent Visitation Rights:

I want to file a petition with the courts for visitation rights to my granddaughter.

I was in my granddaughter's life for 5 and a half years, then the mother got pregnant again, had another baby got married now I am not allowed to see my granddaughter who belongs to my son who is deceased.

I have not seen her in a year and everyone is telling me I do have rights to see her. I am being told that I can petition the courts for visitation.

Answer to Florida Child Visitation Question

Dear Dennis,

Yes, you can petition the courts for visitation of your granddaughter. This is addressed in the Florida Statutes as follows:

§ 752.01 Action by grandparent for right of visitation; when petition shall be granted.--

(1) The court shall, upon petition filed by a grandparent of a minor child, award reasonable rights of visitation to the grandparent with respect to the child when it is in the best interest of the minor child if:

(a) The marriage of the parents of the child has been dissolved;

(b) A parent of the child has deserted the child; or

(c) The minor child was born out of wedlock and not later determined to be a child born within wedlock as provided in s. 742.091.

(2) In determining the best interest of the minor child, the court shall consider:

(a) The willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents.

(b) The length and quality of the prior relationship between the child and the grandparent or grandparents.

(c) The preference of the child if the child is determined to be of sufficient maturity to express a preference.

(d) The mental and physical health of the child.

(e) The mental and physical health of the grandparent or grandparents.

(f) Such other factors as are necessary in the particular circumstances.

(3) This act does not provide for grandparental visitation rights for children placed for adoption under chapter 63 except as provided in s. 752.07 with respect to adoption by a stepparent.

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