Grandparents' Child Custody Rights In Florida Family Law

By Orlando Family Law Attorney Eduardo J. Mejias

Practicing Exclusively Family Law Since 2011

Grandparent's Family Law Rights

Grandparents' Rights to Custody of Their Grandchildren Have Several Limitations

Under some circumstances, Florida family law provides grandparents (and other extended family members) rights to the custody of their children, but with several limitations. While biological parents and their children occupy most of a family law attorney’s attention, grandparents occasionally enter the picture. Sometimes, the child is living with them due to the biological parents’ present inability to provide adequate care. About once per month I receive a call from a grandparent concerned about his or her grandchild’s well-being.

If you are a grandparent concerned about your grandchildren's well being, here is a brief overview of the three situations where a family law attorney can help you:

(1) Temporary Custody By Grandparents With Parental Consent

Under Chapter 751, Florida Statutes, an “extended family member” (which includes grandparents) has the right to petition a family court for temporary custody of a child, if the biological parents consent to it.

It should also be mentioned that, even if the grandparents are granted temporary custody, this does not terminate the biological parent’s rights. In fact, if the parents can be considered “fit”, they can petition the court to terminate the grandparents’ temporary custody. Keep in mind that “fit parents” roughly translates to “barely adequate parents.” Thus, temporary custody by an extended family member usually ends up being, well, temporary.

(2) Custody By Grandparents Without Parental Consent
However, if either biological parent objects to having the grandparents (or any other extended family member) assume this custody, they must prove that the parents are actually “unfit”.

A family court finding of "unfit parents" is much more difficult to achieve than simply showing that it is in the “best interests” of the child to live with the grandparents. The biological parents must have either abandoned, abused, or neglected their children. Demonstrating that they would simply be better caregivers than the parents is not enough.

I emphasize this because grandparents have also called my office merely to express their disapproval of how their sons or daughters raise their grandchildren. They want to know what can be done. Unless the parents have abandoned, abused, or neglected their children, I tell them to just advise the younger generation how to be better parents. Florida respects the right of biological parents to raise their children free from outside interference (within reason).

(3) Adoption By Grandparents With Parental Consent

Chapter 63, Florida Statutes provides a simplified mechanism for grandparents (or any other extended family member) to adopt their grandchild. If both biological parents consent to the grandparents or step-grandparents adopting the child, all that is needed is the filing of the written consents, the appropriate documents, and a short, uncontested final adoption hearing. These hearings, in contrast to most family law hearings, usually result in happy endings for everybody involved.  Also read the page Adoptions By Relatives.

However, unlike temporary custody orders, adoptions are forever. Once the grandparents obtain the adoption judgment, the parents’ rights to their child are permanently terminated. Obviously, both the biological parents and the grandparents must seriously ponder this finality before pursuing an adoption.  

How AAA Family Law Can Help

If you are a grandparent with questions about custody or adoption of your children, call AAA Family Law at (407) 260-6001 and schedule an initial consultation with me.  At the consultation:  (1) you will explain your situation regarding your son or daughter and your grandchildren, (2) I will show you what can be done under Florida family law and, if applicable (3) outline a plan of legal action.  Then I will quote you a fixed retainer fee (not an hourly rate whose total is unpredictable).

Our attorney retainer fees for cases of custody actions by extended family members range between $2,100 and $3,000 depending on their level of complexity.  Our attorney retainer fees for an uncontested adoption range from $1,200 to $1,500, depending on its level of complexity.  See Family Lawyer Retainer Fees for more information on the pricing of our services.

AAA Family Law can represent you from your first hearing, mediation or trial to any appeals to the Florida District Courts of Appeals. 

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