Do grandparents Have Custody Rights?

Unfortunately, grandparents do not have automatic custody rights of their grandchild(ren). But, grandparents do have certain protections under Florida law that would assist them in gaining custody of or caring for their grandchild(ren) under certain circumstances.

Florida law understands that there are times when parents may need to leave their children in the temporary care of grandparents or extended family members while they are going through hard times. Florida Statute 751 was designed by Florida’s Legislature to provide certain rights, and safety measures, to assist extended family members and grandparents that have inherited the task of temporarily caring for minor children within their family. This law gives the Court the power to issue Orders that give grandparents and extended family members rights to consent to reasonable and necessary medical and dental treatment for the child(ren), and rights to make educational decisions and consent to psychiatric treatment for the child(ren). However, this is not automatic and must be sought by the grandparent(s) or extended family member, by filing a Petition with the Court.

The following persons may bring forward legal proceedings to establish concurrent or temporary custody of a child: (a) Any extended family member who has the signed, notarized consent of the child’s legal parents; or (b) Any extended family member who is caring full time for the child in the role of a substitute parent and with whom the child is presently living. To succeed in any such proceedings, the individual initiating such proceedings must currently have physical custody of the child or have had physical custody of the child for at least 10 days in any 30-day period within the 12 months immediately preceding the legal action, and that person must not have any signed, written documentation from the parents of the child that would sufficiently enable that person to do all things necessary to care for the child.

Initiating a Petition of this nature requires certain information enumerated within the Statute that must be included in your paperwork, and certain criteria must be followed before the Judge will grant an Order. Additionally, there are due process considerations that need to be met before the Judge will issue an Order, such as reasonable and proper notice to the parents and an opportunity to be heard must be given to the parent(s).

In addition to granting the extended family member or grandparent certain “rights” while caring for the child(ren), the Court may also, after a hearing on the issue, direct that any court ordered child support being paid to the parent be transferred to the extended family member or grandparent. The Court may also put limitations in place to protect the parent(s)’ legal rights to the children, and certain restrictions that serve to protect the best interests of the child.

If your family needs assistance with petitioning the Court, feel free to contact our office to inquire about your rights. We will be happy to assist you in developing a game-plan that accommodates the specific and unique needs of your family.