Grandparents' Rights

Did you know that, in Florida, grandparents generally do not have the right to obtain a court order to visit with their grandchildren over the objection of the parents? Its true. Even if the parents and grandchildren resided in the grandparents’ household, and then decided, for whatever the reason, to move out, the grandparents cannot force the parents to allow visitation with the grandchildren. It sounds harsh, and many times the circumstances make it a harsh law. But the reason is because the parents’ constitutional right to privacy under both the Florida and the United States Constitutions protects their fundamental liberty interest in parenting their children as they see fit, and prevents any governmental intrusion on those parental rights and interests.

But, as with everything else in the law, there are exceptions. The courts have a duty to protect the safety and welfare of children. Thus, proceedings are brought by grandparents for the protection of their grandchildren, and the court is satisfied by clear and convincing evidence that the grandchildren’s parents are unfit to provide for the care and control of their children, then visitation or temporary custody may be awarded to the grandparents. However, in determining that the parents are unfit, the court must find that they have abused, abandoned, or neglected their children. It is a difficult standard to demonstrate.

If you, as grandparents, believe that the conduct or behavior of the parents of your grandchildren puts them at risk, then consult with the Law Offices of Robert L. Bogen. If you, as parents, are caught in a situation where the grandparents of your children are intruding upon your right to raise your children in the manner you see appropriate and fit, then consult with the Law Offices of Robert L. Bogen. We have experience in these types of cases, and have prevailed on behalf of parents, as well as on behalf of grandparents.