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Florida Family Law - Grandparent Rights

Attorney Representation in Tampa, FL for over 40 years

Grandparent’s rights are specifically dealt with in Florida Statute, Chapter 752. Chapter 752 deals with issues of visitation and contact. However, the Florida Supreme Court and the U.S. Supreme have, in a series of decisions, struck down virtually every aspect of these laws as being unconstitutional as it relates to the grandparents rights. The Courts have declared these laws to be an invasion of the parent's rights of privacy in raising their children as they see fit.

Grandparents can bring motions for Temporary Custody under Florida Statue, Chapter 751. Actions brought under Chapter 751 are based upon child abuse, child abandonment or child neglect. If the Court finds that the child is at risk for abuse, abandonment or neglect the law will allows the Court to place a child with a grandparent or other caring relative.

Consult a Tampa Family Lawyer Regarding Grandparent Rights

It is important for anyone seeking to bring forward a case involving grandparent’s rights to remember that generally, the natural parents have a presumptive right to custody. The merits of these types of cases turn on the individual facts in each one, and almost always require expert legal assistance. Contact a grandparent’s rights attorney at Raymond Pines P.A. today to talk about your specific situation.