Can A Grandparent Seek Visitation Rights In Tampa?
Grandparents play an important role in their children’s lives. Unfortunately, when problems arise between other family members, their access to their grandchildren may get completely cut off.
It’s a devastating situation to be in. Our experienced Tampa family lawyer provides the support and trusted legal guidance you need. We explain how Florida law applies to grandparent visitation and the legal options available.
How Florida Applies To Grandparent Visitation Rights in Tampa
Florida courts recognize parents’ fundamental right to raise their children as they see fit and start with a strong presumption in favor of parental decisions, including limiting contact with grandparents. Grandparent visitation rights exist in Florida, but they apply only in narrow, well-defined circumstances.
Two separate areas of the Florida Statutes address grandparent visitation in Tampa. Under Section 39.059, Tampa grandparents have the right to reasonable visitation when children are removed from a parent’s custody. Under Section 752.011, grandparents may petition for court-ordered visitation in a broader set of circumstances. These include:
- When both parents are deceased, missing, or in a persistent vegetative state.
- When one is deceased, missing, or in a persistent vegetative state, and the other is convicted of a felony or a violent offense.
- When one parent is criminally or civilly liable for the death of the other parent.
- When a grandparent demonstrates that a parent is unfit and that denying visitation causes significant harm to the child.
- When visitation is in the child’s best interests and would not materially harm the parent-child relationship.
If a court denies a grandparent’s petition, Florida law generally limits grandparents to filing a new petition only once every two years.
Factors That Influence Grandparent Visitation in Tampa
The Hillsborough County Court sets a high bar for awarding grandparent visitation. You must have clear and convincing evidence that shows the parent is unfit, that the visitation serves the child’s best interests, and that the arrangement would not harm the parent’s relationship with the child.
Courts weigh several specific factors when making that determination:
- The depth and quality of the existing bond between the grandparent and grandchild, including how much the grandparent was involved in the child’s daily life.
- Evidence of mental or emotional harm the child has already experienced due to the loss of contact with the grandparent.
- Both the grandparents’ and the child’s physical, mental, and emotional health.
- The reasons the parent cites for terminating contact, and whether those reasons reflect a legitimate parenting decision or a punitive one.
- Any written statements or expressed wishes of a deceased or incapacitated parent regarding the grandparent-grandchild relationship.
Building a strong record of your involvement in your grandchild’s life before filing a petition significantly improves your chances of success.
Request a Consultation With Our Experienced Tampa Family Lawyer
Grandparents have a special relationship with their grandchildren, one that provides important benefits to both. At Bubley & Bubley, P.A., we provide the trusted support and professional legal representation you need to protect your rights to visitation. Call or contact our experienced Tampa family lawyer online today to schedule a consultation.
Source:
https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0039/Sections/0039.509.html
