Grandparents’ Rights Attorney in Orange County, Florida

Grandparents play a vital role in their grandchildren's lives. They often provide support, love, and stability, forming bonds that are irreplaceable. Unfortunately, legal issues can sometimes jeopardize these relationships.

Grandparents' rights refer to the legal ability of grandparents to maintain contact with their grandchildren, especially in situations where family dynamics have changed due to events like divorce, parental death, or estrangement. These rights often include visitation and even custody in some cases, depending on the circumstances of the parents.  

It's important to familiarize yourself with the regulations regarding grandparents' rights in your jurisdiction. Legal advice can be necessary to deal with visitation or custody rights and make sure the best interests of the child are effectively represented. At The Spence Law Firm, we're here to help grandparents protect and assert their rights. 

Located in Orlando, Florida, we serve clients with family law cases throughout Orange County and the surrounding areas, including Oak Ridge, Pine Hills, Lockhart, Maitland, Azalea Park, Osceola County, Lake County, and Seminole County.

Grandparents’ Rights in Florida 

In Florida, grandparents' rights to visitation or custody are not as straightforward as in some other states. The state places a strong emphasis on parental rights and generally presumes that the parents act in the best interests of their children. However, there are circumstances where grandparents can seek court-ordered visitation or custody.

Visitation Rights 

Under Florida law, grandparents can petition for visitation rights if: 

• Both parents are deceased, missing, or in a persistent vegetative state. 

• One parent is deceased, missing, or in a persistent vegetative state, and the other parent has been convicted of a felony or an offense of violence that poses a substantial threat of harm to the child. 

The court will consider several factors to determine whether granting visitation is in the best interest of the child, including the existing relationship between the grandparent and grandchild, the child's preferences, and the potential impact on the child's well-being. 

Custody Rights 

Grandparents may seek custody of their grandchildren under specific circumstances, such as: 

• The parents are deemed unfit due to abuse, neglect, abandonment, or incapacity. 

• The children have been living with their grandparents for an extended period, and it is in their best interest to remain there. 

These cases require substantial evidence and a clear demonstration that the grandparents can provide a stable, loving environment for the children. 

Significant Harm to the Child 

Grandparents can seek visitation or custody if they can demonstrate that not allowing the relationship to continue would significantly harm the child. This could be due to neglect, abuse, or the parents’ inability to provide a stable environment. 

Parental Unfitness 

A petition for visitation or custody may be considered if the grandparents can provide evidence that the parent is unfit. Factors such as substance abuse, mental illness, or a history of criminal activity can contribute to a court's decision to grant grandparents' rights. 

How Can Our Firm Help?

Our experienced team at The Spence Law Firm will guide you through the process, help you understand your legal options, and advocate on your behalf. Here’s how we can assist you: 

• Case evaluation: We will start with a thorough evaluation of your case, taking the time to understand your unique circumstances and goals. This includes reviewing any relevant legal documents, gathering evidence, and identifying the strengths and weaknesses of your case. 
  

• Legal strategy: Based on our evaluation, we will help you develop a tailored legal strategy that is designed to achieve your objectives. Whether you are seeking visitation or custody, our approach is always focused on the best interests of your grandchildren. 
  

• Representation in court: If your case requires court intervention, our experienced attorneys will represent you with skill and dedication. We will help you present compelling arguments, backed by evidence, to persuade the court that your involvement is in the best interests of your grandchildren. 
  

• Mediation and negotiation: In some cases, disputes can be resolved through mediation or negotiation, allowing families to come to an agreement without the need for a court battle. Our team can help facilitate these discussions and find amicable solutions for the well-being of the children involved. 
  

• Ongoing support: We believe in building lasting relationships with our clients. Even after your case is resolved, we are here to provide ongoing support and guidance as needed. Whether you have questions about compliance with court orders or need assistance with related legal matters, you can count on us to be there for you.