Attorney Robert L. Bogen

Grandparents’ Rights

Restrictive Florida Law Limits Grandparents’ Rights To Visitation

Florida’s robust privacy rights are very supportive of parents who want to make decisions about how to raise their children without interference from the state. For grandparents, this means it is very difficult to obtain a court order for visitation. At The Law Offices of Robert L. Bogen, we help grandparents negotiate temporary custody or visitation with the parents of their grandchildren and, when available, we will seek a court order to permit such custody or visitation. We also defend parents who want to spare their children the negative effects of contact with problematic grandparents. We have more than 35 years of experience helping to resolve contentious family law issues and can work effectively to assert your rights.

Standing To Sue For Grandparent Visitation In Florida

Florida’s grandparent visitation statutes have largely been ruled unconstitutional by the Florida Supreme Court on the grounds that parents’ fundamental liberty interest in raising their children, which is specifically protected by constitutional privacy provisions, are paramount. However, there are limited circumstances where grandparents may obtain temporary or concurrent custody or visitation.

Exceptions In Florida For Unfit Parents

The courts have a duty to protect the safety and welfare of children. Thus, grandparents can bring court actions for the protection of their grandchildren. If the court sees clear and convincing evidence that the parents are unfit, the grandparents may receive temporary custody or visitation. 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.

Get Aggressive Representation For Your Grandparents’ Right Dispute In Florida

If you, as grandparents, believe that the conduct or behavior of the parents of your grandchildren puts them at risk, The Law Offices of Robert L. Bogen can help. If you, as parents, feel you must halt intrusions from your child’s grandparents, we are also available to assist. To schedule a consultation, call our Boca Raton office at (561) 299-5654 or contact us online.

Law Offices of Robert L. Bogen

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