Grandparent Rights

Grandparent Rights

More and more Grandparents are going for round two of child rearing. More than 160,000 children in Florida are raised by Grandparents.

This raises the legal question of "What are a Grandparent's legal rights?"

In Florida, Grandparents have had virtually no legal rights for decades. This is disheartening for Grandparents. However, Florida Statute 752 was enacted in 2015. It gives Grandparents the right to petition the Court for visitation under narrow circumstances.

Grandparents may establish limited and revocable rights with a Power of Attorney granted by the parents.

Grandparent Adoption (Florida Statute 63) either with the consent of the parents or after a termination of parental rights bestows full rights to Grandparents.

Grandparents who have custody of Grandchildren for at least 10 days in a 30 day period may qualify to petition the Court for Temporary Custody of Minor Children by an Extended Family Member pursuant to Florida Statute 751.

If you are raising your grandchildren and have questions about your rights, it is wise to speak with a family law attorney. It is best to know your options before you need to take action.