A procedure of divorce is the hardest phase in the life of every couple. However, it is not the couples alone that face the disaster, but the relations surrounding it are at equal loss. The decision to end the marriage can create a lasting effect on the parents of the adult children as they experience grief about getting separated from their children and the grandchildren.
Often the grandparents are keen to take their grandchildren to their homes during the procedure. The decision of the grandparents to stay connected emotionally with the grandchildren may reduce the impact of the divorce on the young minds to a certain extent.
The issue of moving the divorce of the adult children is painful for the parents as they have to balance the requirements of their adult children and respond to their requirements. However, the parents cannot cross the boundaries in any way while navigating the preferences of their adult children.
It is true that the grandparents share a special bond with their grandchildren but even though the relationship is to be nurtured carefully, there are limitations as well. Often, a divorce lawyer in Fort Pierce needs to intervene and settle the issues when it comes to maintaining a healthy relationship between the grandparents and their grandchildren.
Things to Know About Grandparent Visitation
When it comes to the right of the parents, the law provides respect to them and their decision when it comes to choosing people who are interested in seeing or meeting the children. The rights of the parents are crucial during the period of divorce and the courts are not willing to change the same under any circumstances.
However, the grandparents get special treatment to a certain extent in situations that are limited. Therefore, they can file a petition in the court to allow them to meet their grandchildren.
On the other hand, the parents have the right to decide who the child or the children can meet and prevent them from meeting anyone including the grandparents. Due to the restricted scope of grandparent visitation in the state of Florida, the relaxation of the restrictions are going to apply in certain situations only.
The parents or the grandparents can consult with a divorce lawyer in Port Saint Lucie to know how exactly the rights apply in their case as the situation may differ from case to case.
Read the following to know the statute of grandparent visitation in the state of Florida.
- When both parents are missing, have expired, or in a vegetative state persistently.
- When one parent has expired, is missing, or has been in a vegetative state and the other has been convicted with charges of felony and or a grave offense that may pose a danger to the child.
The grandparents are required to prove in the court the inability of the parents to raise their children. They may also have to establish in the court how the association of their grandchildren with their parents can pose harm. Quite naturally, such parameters are often hard to meet for them during the procedure of divorce.
Even if the court grants the grandparents the right to visit their grandchildren, it must serve their best interests, and must not come in between the relationship of the child with the parents. Unless the circumstances are genuinely grave, the chances of success in gaining visitation for meeting the grandchildren is rather low.
Procedure for Visitation
For filing the petition to meet the grandchildren, the grandparents can ask for the relevant form from the clerk of the circuit court present in the county. The completed form can be handed over to the clerk or submitted electronically. The grandparents must ask a reliable Fort Pierce divorce attorney about the other formalities to be completed and the issues to be addressed before the date of hearing.
Custody of Grandparents
Besides the option of visitation with the grandchildren, the other alternative the grandparents may choose is to go for custody, which also involves a lot of complications. When the grandparents are keen to keep the child away from the parents, the biggest issues that may arise is whether they have a right to sue for the custody.
If the grandparents may have acted as the primary caregiver to the child for a long period of time or the parents of the child are unfit or abusive, they may pursue the matter of custody under the aegis of a legal professional. However, the change must serve the best interest of the child and provide them with a better living environment .