February 3, 2022
Custody battles happen all the time. Usually, they are between two parents wanting full custody, joint custody, or at least visitation rights to their child. But grandparents can fight for custody rights as well. If you’re a grandparent seeking custody or visitation rights to your grandchild, here’s what you need to know.
Child Custody in Florida
Under Florida’s “Best Interests of the Child” statute (Florida Statute 61.13), the court looks at the child’s best interest in all decisions involving custody. Whether or not it’s a parent or a grandparent, who gets custody depends on the circumstances of every case.
Who Is Entitled to Child Custody?
The court has the following options when awarding custody:
- The child has one parent. The court may award custody to the child’s parent.
- The child has two parents, but one parent has died or is not involved in the child’s life. The court may award custody to the child’s parent.
- The child has one parent and one grandparent. The court may award custody to the child’s parent or the grandparent.
- The child has two parents and no grandparents. The court may award custody to the child’s parents.
- The child has one parent and one grandparent, and one parent is deceased. The court may award custody to the grandparent or the parent who is alive.
- The child has two parents, but the children are in the custody of the Department of Children and Family Services (DCF). The court may award custody to the child’s parents, or a relative or non-relative.
- The child is in the custody of DCF and has no parents, but has a grandparent. The court can award custody to the grandparent or a relative or nonrelative.
The court has other options not described above. For example, the court may award custody to a stepparent, a close relative, or a nonrelative.
When Is Grandparent Custody Granted?
Grandparent custody is relatively rare in Florida. This is because grandparents usually do not have a close relationship with the child. But a close relationship can be established, especially when a child is in need of stability. When the child’s parents are not able to provide stability, a court may award custody to a grandparent.
What Are a Grandparent’s Rights to Their Grandchild?
In Florida, grandparents have the following rights to their grandchildren:
Visitation: A grandparent can ask the court for visitation rights to their grandchildren. The court may award visitation for any reason. In other words, the court does not have to believe the grandparent’s allegations that the parent is unfit. But if the court finds the allegations of unfitness true, the court may limit the visitation of the unfaithful parent.
Child Support: A grandparent can ask the court to order the parent to make periodic child support payments to the grandparent.
Custody: A grandparent can ask the court to order the parent to turn over the care, custody, and control of a child to the grandparent.
Final Thoughts
In Florida, grandparent custody is not common. But it does happen in some situations. If you’re a grandparent seeking custody, you should talk to a Florida family law attorney. Misunderstandings and arguments can easily occur. You want to be sure you make your case effectively.
Enforce your grandparents’ rights with the help of Dorsey Law JAX. The Dorsey Firm has been representing clients in grandparents’ rights cases for over 35 years and is committed to providing competent and aggressive representation for our clients. Get in touch with us today!
January 21, 2022
If you are considering getting a divorce in Jacksonville or any other part of Florida, consider consulting with an attorney before you move forward. Commencing your divorce without seeking legal counsel can lead to complications that can cause major issues; these issues could be avoided by speaking with an attorney who can advise you on what to expect and whether hiring a divorce attorney is the right step for you.
Divorce attorney consultation will help you to learn about specific issues that commonly arise in divorce cases and the dos and don’ts. It will also allow for points of view and advice that are particular to your situation.
Read on to learn more about signs that it’s the right time to hire a divorce attorney:
Abuse Or Domestic Violence Happened
An unfair divorce settlement can easily happen when an abusive partner becomes particularly manipulative. He or she will have no qualms dominating and/or intimidating you. Equal ground simply does not exist when there have been incidents of abuse or domestic violence. Having a divorce attorney goes beyond making sure things are settled well, it also helps in terms of security.
Joint Corporation or Business Involved
It can be tough to make corporate or business decisions when personal life gets in the way. Splitting things up during a divorce can get messy, tricky or both. Under these circumstances, an attorney can help you and your soon-to-be former spouse create a plan that works out well for both of you.
Many Complicated Issues
When you are going through a divorce, you must know what the divorce laws say. Especially if the following are up for (likely heated) discussion:
- Alimony
- Prenuptial agreements
- Property division
- Timesharing
A divorce attorney will be extremely familiar with the divorce laws of the state, since they tend to vary.
There Are Young Children To Consider
Most good divorce lawyers are aware that having children can be a major factor in a divorce, and if you foresee a child timesharing dispute or other child-related disputes, a divorce lawyer could help you settle them. Unfortunately, there are plenty of child-related issues that trigger parents to the point of arguments and outright bickering.
A great way for the issues to be handled and mediated is through having a divorce attorney at hand.
Things Are Not Well Between You and Your Spouse
If irreconcilable differences exist between spouses, it may be challenging for them to reach a settlement without someone mediating. Couples that reach a point where they can’t work together and agree on matters such as asset distribution, spousal support if any and/or child-related matters will need professional help. Irreconcilable differences will be navigated best with a divorce attorney’s help.
Conclusion
Going through a divorce already comes with quite a bit of stress. Major complications can arise if divorce proceedings happen without previous legal counsel, particularly with a divorce attorney. Clear signs that it’s time to hire a divorce attorney include abuse or domestic violence, many complicated issues and there are young children to consider.
Looking for a divorce attorney? Reach out to Dorsey Law JAX today! We’re top Jacksonville attorneys who specialize in personal injury, criminal law and family law.
December 30, 2021
Wherever you are, child custody is important, and it can absolutely change depending on what is best for the child. This is also true in the state of Florida. If a parent puts their child in any kind of danger, the court can revoke parental custody. If a claim is warranted, the judge will ensure that the child is rarely or never in their care.
Child Custody Is Never Taken Lightly
It should be noted that it’s important for the courts to get both sides of the story. They also need evidence that is beyond surface level and actually has substance. When a concerned parent’s claims are backed up by the findings, then the child will not be in the care of the harmful parent.
A parent can end up losing custody of their child if the situation is severe. Arguably the most common one, of course, is abuse. Repetitive violations of an existing agreement will bring an immediate adjustment as well.
Here are some of the reasons a parent can lose child custody in the state of Florida:
Child abuse is one of the gravest reasons why a parent will lose custody. So, if one parent accuses the other parent of child abuse, that is considered a serious matter, and the court will do a thorough investigation.
If the parent is proven guilty of abuse, their rights will be revoked. However, if the accusing parent is proven lying, they will be deemed as mentally unfit and will no longer be allowed custody.
This is a matter that’s not taken lightly. Note that the moment the accused is put under investigation, they will be under a temporary order preventing contact with the child. Worst of all, the child will be affected mentally and emotionally.
Getting Seen as an “Unfit” Parent
There are many scenarios that make a parent “unfit” to be a parent. For example, you can file a petition with the courts if another parent is unfit because the other parent abuses or neglects their children, or because the other parent abandoned their children. A parent can also be found unfit for other reasons, such as for having a drug addiction or mental health problems.
However, not all parents with drug addiction, mental health problems, or erratic behaviors are bad parents. The court just wants to make sure because there’s always the danger of abuse or neglect when the parent is under the influence or is mentally unstable.
A parent’s home address and living situation in general can play a huge role in their custody. If the neighborhood they’re in is prone to crime, or they have a space in a building that’s been called out for safety and health hazards, or even if the structure is not up to code, that’s a problem.
The same goes for a home that isn’t kept well, if at all. Sanitation and hygiene is top priority. Homes with vermin, mold, or health hazards can lead to temporary revocation of custody.
A child’s safety and well-being is meant to be secured at all times. Anything that threatens that will be an issue. Even if the parent is a good parent, the environment will still make a difference in the decision down the line.
Conclusion
Child custody is an important matter that should not be taken lightly. The courts usually need both sides of the story and substantial evidence before they make a decision. In Florida, a parent can lose custody for false abuse accusations, getting seen as an unfit parent, and having a dirty and/or unsafe home.
Need attorneys in Jacksonville that can help with a custody battle? Reach out to Dorsey Law JAX! We specialize in family law, personal injury, and criminal law.
