Grandparents and Third-Party Custody – Visitation in Orlando Florida

Orlando FL Divorce Lawyers – Family Law Attorneys

At first glance it may seem as though a divorce or dissolution of marriage proceeding is something that is taking place between two people. It’s true that there are two people at the core of the matter, but most married couples have children and when they do the children are affected as well. It can be suggested that they will be better off living in an environment that is devoid of the unsettling cloud of marital tension, and there is often truth to this but any way you look at it their lives will never be the same.

When you consider the overall impact that a divorce has beyond the immediate family it is clear that the relationships between the children and their grandparents can be an issue of concern. It is worthwhile to mention that nine out of ten divorces are uncontested, and this would indicate that the vast majority of divorcing couple are willing to work together for the good of all concerned. For this reason there is rarely any resistance from either parent when it comes to allowing visitation opportunities to the grandparents of the children.

However, in the rare cases when it is denied, grandparents can petition the court to grant then the right to visitation. The factors that will be taken into consideration include the existing relationship between the grandparents and the children, the willingness of the grandparents to support the parent-child relationships, and the stated preferences of the children if they are deemed to be mature enough to understand the circumstances. One simple condition that must be met in order for the grandparents to have recourse is that the children must not be living with both natural parents; if the family is intact the court cannot grant visitation rights to the grandparents.

In the state of Florida the rights that parents have to raise their children are inherent. However, in cases when the parents are deceased, incarcerated, or deemed to be unfit custodians of their children grandparents or other interested third parties could be granted custody at the discretion of the court.

If you would like to learn more about grandparents and third-party custody/visitation, contact an experienced Orlando FL family lawyer to arrange for a free consultation.