How do I establish a grandparent’s rights to visitation or custody?

In the state of Florida, establishing visitation or custody rights for a grandparent can be done through the courts. A grandparent can file a Petition for Visitation or Custody with the court, which will be heard and decided by a judge. The filing can be done without the assistance of a lawyer but it is important to understand all the requirements for a successful filing. There are several steps that a grandparent needs to take when filing a Petition. The grandparent must name the parties involved in the case, including the minor child’s parents and the grandparent. The filing must also name a reason for the visitation or custody request such as when a parent is deemed unfit or has passed away. Additionally, it must include a visitation schedule and a statement describing why the grandparent believes the child’s best interest is served by granting the request. Once the Petition is filed, the court will review the case and possibly hear testimony from the parties involved. The court will decide the case based on the best interest of the child. This will take into consideration the financial and mental health stability of the grandparent. It is important to understand that establishing grandparent rights is difficult and the court is very likely to uphold the wishes of the minor child’s parent. When deciding to pursue a case, it is recommended that a grandparent contact a lawyer to ensure they are filing the correct paperwork and understand the process.

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