Family Law Questions? Ask a Family Lawyer Online.
This is attorney Bill. The law on visitation rights in Florida allows greater scope for grandparents to apply for visitation where one parent is deceased, or missing and the other parent has been convicted of a felony or violent offence.
The statute is Florida Statute 752.011
SO this is the law in relation to grandparent's right to petition in Florida.
After a full hearing after you petition the Family Court the court will award visitation rights if it deems to be in the best interests of the child. Where one parent is a capable parent, because of the referenced statute your visitation application would likely be dismissed.
If there is an immediate threat to the childrens' welfare a court can make an emergency visitation order.
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