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Exactly What Divorced Couples Should Learn About Grandparents and Third-Party Custody/Visitation Agreements
Whenever a married couple comes to the decision to file a dissolution of marriage proceeding in the state of Florida, its impact is going to be felt by everyone in the family. Needless to say the children tend to be the first members of the family that come to mind, however the remainder of the extended family is usually affected. In many if not the majority of families, the grandparents of the children play a significant role in their lives, and so the visitation rights of the grandparents may very well fall into question any time a couple is engaged in a marriage dissolution. The court is invariably going to prefer that the former married couple establish most of these decisions by themselves having the interests of the children in mind. And generally speaking, both parents will come to an arrangement in relation to precisely how and also when the children are able to spend time with the grandparents along with various other members of the extended family.
Having said that, you can find cases when one or both of the parents object to voluntary visitation arrangements for a grandparent or maybe grandparents, and the Florida Statutes can enable visitation for grandparents according to specific conditions. If the husband and wife are still married and also dwelling with each other, the grandparents have no legal standing from which to get court ordered visitation rights. On the other hand, when the marriage has been dissolved, the court may rule that visitation rights for the grandparents will be in order as long as they come to a decision that it’s in the interest of the child or children in question, in the event that an instance of parental desertion is present, or in the event that the mother and father of the child or children were never married.
When considering child custody, the state of Florida takes a formidable stance in regards to the fundamental legal right to have as well as bring up children. Unless the custodial parent or parents are going to give up custody of the children, grandparents or perhaps other third parties who would like custodianship should be able to demonstrate that both dad and mom seem to be unfit to care for their own children, and this evidence needs to be irrefutable and also convincing. Within the state of Florida, once the child reaches the age where he or she thoroughly comprehends the matter, the child may well state their desire on the subject of custodianship, and it’ll be given significant weight, although it will not be the only determining factor. Which means the end result is that it is possible for grandparents to get custody of a grandchild or grandchildren, however the state is constantly most likely to have a tendency toward the fundamental right of the parents.
When you have questions or worries concerning grandparents and third-party custody/visitation, contact a Jacksonville FL custody lawyer in order to arrange for a free consultation. A good family lawyer Jacksonville FL will provide you with the assistance you’ll need with any aspect of a Jacksonville FL divorce.