Florida Divorce and Grandparents’ Rights

Southgate, Florida, holds the dubious honor of the highest divorce rate in the state, at just over twenty-two percent (22%). By contrast, the divorce rate in the United States as a whole is just under eleven percent (11%). Divorce impacts not only the relationships between children and their parents, but also siblings, grandparents, aunts, uncles, and other relatives. In most cases, there is little that extended family can do to regain contact with the children, but grandparents may have some rights in certain cases.

Grandparents’ Rights

Most states have regulations regarding grandparent visitation rights, though some allow grandparents more rights than others. Generally, these laws assume that parents have the best interests of their children in mind and are within their rights to make decisions about how much or if the child will see his or her grandparents. Florida is considered one of the most restrictive states in terms of grandparent rights.

Under Florida law, grandparents do have some limited rights to their grandchildren. These rights are applicable if:

Grandparents do not have any visitation rights if the child is in the custody of a parent who has been deemed fit to parent. Even if the child is no longer in parental custody, the grandparents of the children will have to prove that visitation would be in the best interests of the child. These same regulations apply to great-grandparents, but do not extend to other relatives.

Termination of Parental Rights

Due to the fact that grandparents do not have any enforceable visitation rights unless the child has been removed from parental custody, you may consider obtaining custody of your grandchild. Your fight to obtain custody will require the termination of parental rights, as well as proof that placing the child with you is in his or her best interests.

In many cases, you may have been a consistent part of caring for your grandchild prior to the termination of parental rights. If the child has lived with you for six months within the two years prior to the termination of parental rights, the court is required to notify you if parental rights are severed pending adoption. This may provide you the opportunity to adopt the child, thereby maintaining your relationship.

If the child is adopted by another individual, whether or not they are a blood relative, the laws related to grandparent rights above will apply. However, case workers often encourage adoptive parents to help a child maintain healthy contacts with blood relatives as a way of helping the child adjust to the new living situation and develop a clear identity.

Contact an Attorney

If you are being denied the opportunity to see your grandchildren, contact the Orlando divorce law attorneys at O’Mara Law Group today. We will work to ensure that your rights are being respected and that you gain access to your grandchildren if at all possible.

RECENT ENTRIES

Alcohol and car keys

How Much Does a DUI Cost in Florida?

A Florida DUI carries high short-term and long-term costs that go well beyond the hefty fines and…
United States Constitution

Good Faith Exception to the Exclusionary Rule

Evidence obtained through an unreasonable search and seizure violates the Fourth Amendment of the U.S. Constitution and…
Alcohol and car keys

How Much Does a DUI Cost in Florida?

A Florida DUI carries high short-term and long-term costs that go well beyond the hefty fines and DUI fees assessed by the court. A DUI …

Learn More →
United States Constitution

Good Faith Exception to the Exclusionary Rule

Evidence obtained through an unreasonable search and seizure violates the Fourth Amendment of the U.S. Constitution and is typically inadmissible in court. The good faith …

Learn More →
penitentiary jail with cells, deprivation of liberty, arrests

How Much Jail Time Do You Get for Violating Probation?

If you have been notified of a probation violation, your freedom may be in jeopardy. The experienced criminal defense attorneys at O’Mara Law Group can …

Learn More →
Petition for Child Custody document

Your Child Custody Questions Answered

Child custody laws are confusing, particularly for people who have never had to concern themselves with these types of disputes before. If you are in …

Learn More →
Juvenile under arrest

Most Common Juvenile Offenses In Orlando

If your child has been charged with a juvenile offense, you are likely very concerned. It is important to remember that just because your child …

Learn More →
attorney advising client

What to Know If Charged with Domestic Violence

Domestic violence charges are becoming more common today. They are often a result of an argument that became heated and emotional on the part of …

Learn More →
Judge hammer on prenuptial agreement

5 Reasons To Draft A Prenuptial Agreement

Prenuptial agreements mainly deal with the non-marital and marital assets a couple owns and how they will be divided in the event the couple gets …

Learn More →
Couple going through a divorce

How Long Must I Separate Before Divorce in Florida?

Divorce is an incredibly emotional process, but it is also a legal one. Like all states, couples going through a divorce must meet several different …

Learn More →
Criminal Record document with law props in the background

Can I Have My Criminal Record Sealed Or Expunged?

A criminal conviction will have an impact on you for years to come. You may find it difficult to obtain employment, housing, and even some …

Learn More →
Child Support Payment document on law desk

What If I Can’t Pay Child Support?

Divorces that involve children have many long-term impacts. In Florida, both parents of a child are expected to support them financially until they are no …

Learn More →
stressed military man

3 Factors To Consider During Divorce While in the Military

No two divorce cases are exactly alike but for service members in the military, there are a number of unique issues. Individuals in the military …

Learn More →
Constructive Possession Of Drugs

What Is Constructive Possession Of Drugs In Florida?

Florida has some of the strictest drug laws in the entire country and violating them will result in harsh penalties. Most people are aware that …

Learn More →
parents arguing in background while child remains neglected

What To Do If Your Ex Refuses Visitation

Parents refuse visitation between their child and their ex for many reasons. Sometimes, it is an act of vengeance and a way to lash out …

Learn More →
petty criminal vandalizing wall with graffiti

What is the Crime of Vandalism in Florida?

Panama City Beach, the St. Augustine Marina, and businesses along Florida Boulevard are just a few areas that saw an increase in vandalism over the …

Learn More →
A man assaulting another man out of self defense

Five Defenses to Assault and Battery in Florida

Recently, the world watched as Will Smith slapped Chris Rock during the Academy Awards. Rock stated almost immediately that he would not be pressing charges, …

Learn More →
hammer and gavel with divorce court sign in background

Preparing for a Divorce Deposition

Most divorce cases in Florida settle outside of the courtroom, with the spouses involved in negotiating an agreement. Still, sometimes spouses do have to go …

Learn More →
Woman defending herself

Are You Allowed to Use Self-Defense in Florida?

Innocent people are accused of committing violent crimes too often in Florida. This sometimes occurs after a person uses self-defense when they felt as though …

Learn More →
Drunk Driver being arrested

What is DUI Manslaughter in Florida?

Recently, a man by the name of Joseph Aridio Garcia, was charged with DUI manslaughter after striking a pedestrian with his pickup truck and fleeing …

Learn More →
Lawyer working while extending hand

Drug Distribution vs. Drug Trafficking Differences

The Florida Statutes outline many different drug offenses, which may lead to some confusion. One of the most common examples of this is distinguishing the …

Learn More →
Divorce Inventory Worksheet

5 Things to Know About a High Asset Divorce

All divorce cases have the potential to become complex, but this is particularly true when a divorce involves many assets or a high net worth …

Learn More →
Separated parents holding daughters hands

Three Things You May Not Know About Parallel Parenting

After divorce, it is not always easy for the two parties to communicate with each other. This is particularly true when children are involved. Child …

Learn More →
Divorce papers

What Happens if You Do Not Sign the Divorce Papers?

A divorce case begins when one spouse files a Petition for Dissolution of Marriage, either at the courthouse or through their family law attorney. Once …

Learn More →
man resisting unlawful arrest

Is it Illegal to Resist an Unlawful Arrest?

Police officers can only arrest a person under very specific circumstances. They must believe someone has committed a crime, such as when they suspect a …

Learn More →
man picking up prescription

Is it Legal to Pick Up a Friend’s Prescription?

It is not uncommon for someone to be so sick or injured, they cannot physically go to the pharmacy to pick up the prescription necessary …

Learn More →
prisoner making a phone call

Do I Have the Right to a Phone Call After an Arrest?

Many people understand that when they are pulled over for a traffic stop or even arrested, they still have many rights. They have the right …

Learn More →
gavel and handcuffs on top of misdemeanor document

Do I Need a Lawyer When Charged with a Misdemeanor?

Misdemeanor criminal offenses are not as serious as felony crimes, meaning that if convicted, a person will face lighter jail sentences and lower fines. Sometimes, …

Learn More →
two wedding bands on alimony document

What are the Different Types of Alimony in Florida?

Alimony is an important factor in many divorce cases today, even with so many cases involving two spouses that each earn an income. The law …

Learn More →
drug law book

Guide to Possession of Drug Paraphernalia in Florida

When people think of drug crimes in the State of Florida, they often first think of marijuana possession, as the drug is still illegal in …

Learn More →
wooden family figures with gavel in background

Are Stepparents Granted Visitation Rights in Florida?

Blended families are a beautiful thing, and are beneficial for the entire family unit. Many stepparents develop close loving bonds with their stepchildren, and some …

Learn More →
woman taking off her wedding band

When Is Divorce Better Than Separation?

Florida is one of just a handful of states that does not recognize legal separation. That being said, couples can still choose to enter into …

Learn More →
gavel & pen on search warrant document

Understanding Arrest And Search Warrants In Florida

The Fourth Amendment to the U.S. Constitution protects all individuals in Florida from unlawful search and seizures. In most cases, law enforcement must obtain a …

Learn More →
Gavel & house

How To Divide Rental Property During Divorce

It is not uncommon for couples to have rental property that provides a stable source of income while they are married. In the event of …

Learn More →
man spraying herbicide

What You Should Know About Paraquat

What is Paraquat? Paraquat Dichloride is an active ingredient in herbicide Paraquat; commonly sold under the trade name GramOxone. Primarily, Paraquat is used for weeds …

Learn More →
florida law book

FAQs About Risk Protection Orders In Florida

The Florida legislature passed SB 7063 as a large part of the response to the shooting at Marjory Stoneman Douglas High School. Under this law, …

Learn More →
bold fraud in center of handcuffs

Are There Defenses To Fraud In Florida?

Fraud involves a scheme meant to deceive another person or entity in order to cause harm or for the offender’s personal financial gain. Check fraud …

Learn More →
toxic married couple

Is Your Marriage Toxic? Here Are Three Signs

Toxic marriages are extremely difficult for the victim. Not only are victims treated unfairly and sometimes cruelly, but it is also not always so easy …

Learn More →
police officer issuing a speeding ticket

When Is Speeding A Crime In Florida?

No one wants to be pulled over by the police for speeding. Still, most people think that speeding is a minor traffic infraction. In many …

Learn More →
Hammer and Gavel on Family Law document

FAQs About Timesharing In Florida

Unlike many other states, Florida does not use the term child custody in divorce cases that involve children. Instead, the Florida statutes refer to the …

Learn More →
driving while intoxicated label in front of law books

Is Intoxication a Criminal Defense in Florida?

People that are under the influence of alcohol or drugs do not always make the best decisions. Sometimes, a decision made under the influence can …

Learn More →
lawyer separating assets in half

Is Florida A 50/50 State?

Many people think that when they are married and get a divorce, marital property is split 50/50 between the couple but in Florida, that is …

Learn More →
narcotics law book

Florida Drug Charges And Penalties

In Florida, illegal drugs or controlled dangerous substances (CDS) are classified into 5 different schedules based on their medical value and/or likelihood of abuse. Those …

Learn More →
police officer checking for identification

How To Defend Against DWLS Charges In Florida

Millions of people have their driver’s license suspended every year in Florida. In 2018, the number of people that had their license suspended was two …

Learn More →
lawyer working at desk

What Is A No Contest Plea?

I’m often asked what a plea of No Contest actually means. Regardless of the seriousness of a crime, it is important for criminal defendants to …

Learn More →
court hearing document

Why Request a DMV Hearing After a DUI Arrest?

If you are arrested and charged with driving under the influence (DUI) in Florida, you have two separate legal matters. The first is the suspension …

Learn More →
two wedding bands on gavel

How You Can Benefit from a Collaborative Divorce

Divorce is always very stressful, but the process does not always have to be as contentious as many people envision. There is also more than …

Learn More →
O'Mara Law Team

Understanding House Arrest in Florida

It is not uncommon to hear stories of celebrities, such as Martha Stewart and Paris Hilton, that have been placed on house arrest. For many …

Learn More →
record button

The Law on Recording Your Spouse During Divorce

During divorce, it is not uncommon for some spouses to act civil and polite every time they are in front of a Judge. Once they …

Learn More →
criminal record header image

Are Criminal Records Public in Florida?

When a person is arrested or convicted of a crime, they have many concerns. Initially, they may be most worried about the penalties they will …

Learn More →
car driving recklessly

Are There Defenses to Reckless Driving in Florida?

People are charged with reckless driving every day in Florida. Although these charges may sound like minor traffic infractions, they are very serious. Even a …

Learn More →
paternity test dna sample in vial

4 Reasons to Establish Paternity of Your Child

When two people are married and they have a child together, it is presumed that the husband and wife are both the biological parents of …

Learn More →
injured woman lying on road unattended

Is a Hit-and-Run a Serious Offense in Florida?

A hit-and-run in Florida is defined as leaving the scene of an auto accident without performing certain statutory duties. Those duties entail providing your name …

Learn More →
young man experiencing a DUI stop

What to Expect During a DUI Stop in Orlando

Seeing a police car’s flashing lights and hearing the siren behind you is a very unsettling experience for anyone on the road. You may not …

Learn More →
O'Mara Law Team

What Happens to a Timeshare in a Divorce?

Marital property, which is defined as the assets and liabilities acquired during a marriage, are subject to Florida’s property division rules. Florida is an equitable …

Learn More →
O'Mara Law Team

Questions to Ask a Criminal Defense Lawyer

Whether you have been charged with a DUI, a theft crime, or any other criminal offense, you are likely very concerned about your future. The …

Learn More →
O'Mara Law Team

Do Not Forget About Your Will When Getting Divorced

When you are getting a divorce, there is a lot to think about. You may be worried that you will lose the assets most precious …

Learn More →
O'Mara Law Team

Can You Videotape Police Officers in Florida?

Incidents involving police brutality have become all too common today in Florida, and throughout the rest of the country. Citizens are learning more and more …

Learn More →
O'Mara Law Team

Are Parenting Courses Required in Florida Divorces?

Florida is one of many states that requires parents going through a divorce to attend a parenting course before their divorce is finalized. The course …

Learn More →
O'Mara Law Team

What are Florida’s Solicitation Laws?

Prostitution is illegal in every state in the country, and Florida is no exception. Like other states, Florida law prohibits anyone from soliciting sex from …

Learn More →
O'Mara Law Team

4 Facts About BUIs in Florida

Boating is an activity Floridians can enjoy all year round. Boating provides a great form of relaxation and in some cases, drinking alcohol is part …

Learn More →
O'Mara Law Team

Types of DUI Charges in Florida

Most people in Florida understand that they may face charges of driving under the influence if they are caught driving with alcohol in their system. …

Learn More →
O'Mara Law Team

How to Protect Your Business in a Florida Divorce

As a business owner, you have worked hard to build your business into what it is today and the thought of losing it during your …

Learn More →
O'Mara Law Team

Want a Peaceful Divorce? Follow These Tips

People that are facing divorce often envision the worst situation possible. Truthfully though, while divorce is an extremely emotional and challenging time, it does not …

Learn More →
O'Mara Law Team

Protesting vs. Rioting: What’s the Difference?

Protests continue around the country after the death of George Floyd, Breonna Taylor, and Ahmaud Arbery. In some cities, such as Portland and Seattle, police …

Learn More →
O'Mara Law Team

How to File for Divorce in Florida

The process of filing for a divorce in Florida begins with a petition of dissolution and may involve various forms of dispute resolution, a discovery …

Learn More →
O'Mara Law Team

Penalties for Marijuana Possession in Florida

Even with marijuana laws changing all around the country, possession of recreational marijuana is illegal in Florida. Still, Florida’s laws on marijuana have been changing …

Learn More →
O'Mara Law Team

Can Couples get Legally Separated in Florida?

Sometimes, a couple goes through some problems and considers divorce, but neither spouse is certain that is the right option. When this is the case, …

Learn More →
O'Mara Law Team

Are You Required to Answer Police Questions?

When people are arrested for a crime, such as a DUI, they often hurt their case before it has even really begun. Police officers ask …

Learn More →
O'Mara Law Team

What to Do if Falsely Accused of a Sex Crime

The MeToo movement and similar campaigns that have arisen in the past year or so have allowed many victims to come forward and seek justice. …

Learn More →
O'Mara Law Team

Things to Know About Florida’s Red Flag Law

Red flag laws receive a lot of attention in the media, with many arguing that these laws are unfair because they violate a person’s Second …

Learn More →
O'Mara Law Team

Can You Refuse a Breathalyzer in Florida?

Many drivers are familiar with breathalyzers, even if they have never had to use one. When police officers pull someone over because they suspect the …

Learn More →
O'Mara Law Team

What are Donor’s Rights?

There are many ways to start a family these days. Women are choosing to have children later in life, when their fertility levels may not …

Learn More →
O'Mara Law Team

Factors to Consider in a Gray Divorce

There is a current trend of gray divorces, or divorces that involve older individuals. These divorces are just as difficult as any other, but they …

Learn More →
O'Mara Law Team

Probation FAQs

After a person is found guilty of a crime, the court may place them on probation. Although this is a better option than going to …

Learn More →
O'Mara Law Team

Does Florida Recognize Common Law Marriages?

Many couples today wish to live together and act as a married couple, even though they have never obtained a marriage license or had an …

Learn More →
O'Mara Law Team

Florida’s Law on Entrapment

Facing criminal charges after an arrest is bad enough. However, when a person is arrested because they were tricked or coerced into committing a crime, …

Learn More →
O'Mara Law Team

What If a Police Officer Wants to Search My Car?

Being pulled over is a scary experience. In many cases, the interaction between the driver and officer is very brief. A police officer may just …

Learn More →
O'Mara Law Team

Can You Spy on Your Spouse During a Divorce?

Divorce is always challenging but for some spouses, it is especially difficult. A person may believe that their soon-to-be ex-spouse cheated on them during the …

Learn More →
O'Mara Law Team

An Explanation of Florida’s Stand Your Ground Law

In early April 2020, the Fifth District Court of Appeals dismissed charges against a Port St. John man, John DeRossett, ruling that Mr. DeRossett did …

Learn More →
O'Mara Law Team

What is Exclusive Possession of the Marital Home?

Living situations can become particularly precarious during a divorce. The marital home is where the parties reside during the term of the marriage, and normally, …

Learn More →
O'Mara Law Team

Texting and Driving Laws in Florida

The law enforcement wing in Florida has taken a drastic and more radical step towards curbing the use of cell phones while driving. Effective October …

Learn More →
O'Mara Law Team

What You Need to Know About Bigamy in Florida

For some of the people tying the knot in just one marriage is just not enough. Some people prefer getting married more than one time. …

Learn More →
O'Mara Law Team

I Didn’t Know They Were a Fugitive. Can I Still Get in Trouble?

Your friend calls you and asks if they can stay at your place for a night or two. You don’t hesitate to tell them yes, …

Learn More →
O'Mara Law Team

Is Breaking and Entering Considered Burglary?

Early in February, there was a lot of police activity in Rockledge. After a burglary was reported at an apartment complex, the Rockledge Police Department …

Learn More →
O'Mara Law Team

Is Mediation Required for Florida Divorces?

It is natural to assume that when a couple is going through a divorce, it will involve a long and bitter courtroom battle. However, that …

Learn More →
O'Mara Law Team

How Does Bail Work in Florida?

Overview When a person gets arrested and placed in jail, one of the first things they (and often times friends and family) must immediately focus …

Learn More →
O'Mara Law Team

My Ex Isn’t Following Custody Orders – What Can I Do?

This isn’t an uncommon issue, unfortunately. One of the biggest issues that Florida courts see is disputes regarding time sharing. Some of the most common …

Learn More →
O'Mara Law Team

Fleeing Law Enforcement Officers in Florida

Fleeing the law is not an uncommon sight in Florida. In fact, earlier in September, a Florida based man was caught in the act of …

Learn More →
O'Mara Law Team

Florida Child Support Payments Factors

Child support is meant to pay for the essential needs of a child such as food, shelter, utilities, and more. The parent with primary residential …

Learn More →
O'Mara Law Team

What if I Fail to Pay Court Ordered Child Support?

Child support are payments the court orders that the noncustodial parent pays. The money is then assigned to assist the custodial parent with the costs …

Learn More →
O'Mara Law Team

Selling Drugs to Minors in a School Zones

Selling drugs to minors is a serious offense. In Florida, drug charges carry severe penalties with them, and charges related to selling controlled substances to …

Learn More →
O'Mara Law Team

Underage Drinking and Penalties in Florida

Summertime is the perfect time of year for young adults and teens to get out and celebrate the beautiful weather and break from school. Quite …

Learn More →
O'Mara Law Team

Is Entrapment a Possible Defense for Your Case?

What do you do if a prostitute approaches you and offers you sexual favors in exchange for payment, then after you hand over the money, …

Learn More →
O'Mara Law Team

False Confessions and Florida Law

Thanks to the popularity of true crime television shows, podcasts, and books, many Americans are aware that false confessions occur in a shockingly high number …

Learn More →
O'Mara Law Team

Going Through a Divorce as a Stay at Home Mom

According to recent studies, the number of married women that are choosing to leave the workforce to stay at home with their children is on …

Learn More →
O'Mara Law Team

Florida Divorce and Grandparents’ Rights

Southgate, Florida, holds the dubious honor of the highest divorce rate in the state, at just over twenty-two percent (22%). By contrast, the divorce rate …

Learn More →
O'Mara Law Team

Florida Divorce Basics You Need to Know

Going through a divorce, especially in Florida, can be a long, tedious process. The state has several complex statutes that you must navigate successfully, that’s …

Learn More →
O'Mara Law Team

Sexual Crimes and the Law

Sex offender; it’s a generic term that covers a wide variety of criminal involvement in any sex crime act. But its effect can be devastating. …

Learn More →
O'Mara Law Team

In Today’s News: Did Michael Flynn Commit Treason?

Treason is defined in 18 US Code 2381 as “Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, …

Learn More →
O'Mara Law Team

Mortgage Fraud: Different Types of Charges

What is Mortgage Fraud? The Different Types of Charges If someone is charged with Mortgage Fraud, they are going to fall under one of three …

Learn More →

PROTECT YOUR RIGHTS
Schedule a Consultation Today

PROTECT YOUR RIGHTS
Schedule a Consultation Today