Florida Adoption Agreement Providing for Visitation Rights by Natural Grandparents

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US-01339BG
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Description

In 2000, in the case of Troxel v Granville, the U.S. Supreme Court addressed the issue of third party rights to seek court-enforced time with children. Within this context, a "third party" is somebody other than the child's parents. The Washington State statute examined in Troxel was not technically a "grandparenting time" statute, as it allowed "[a]ny person" to petition for visitation rights at any time. The Supreme Court held that the Washington statute was overbroad. This decision made clear that there were certain prerequisites that grandparenting time statutes must meet in order to be constitutional.


Following Troxel, many state courts have addressed the constitutionality of their grandparenting time statutes, and many state legislatures have revisited (or are in the process of revisiting) their statutes, either following or in anticipation of court decisions finding them to be wholly or partially unconstitutional.

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FAQ

Florida Law states that parents may not be denied overnight contact or visitation with a child solely based on the child's age or sex. While many court judges may prefer to keep very young infants with their mothers, others may make an effort to allow both parents equal overnight visitation.

39.0139. (1) Grandparent visitation may take place in the home of the grandparent unless there is a compelling reason for denying such a visitation. The department's caseworker shall arrange the visitation to which a grandparent is entitled pursuant to this section.

However, Florida law allows grandparents to file an adoption petition even if the parents deny consent, as long as there is evidence of physical or emotional abuse, abandonment, or neglect by the parents.

While you have no legal parental rights after you give up your child for adoption, open adoption allows you to remain a part of your child's life. Your adoption specialist helps coordinate communication to make sure the adoptive family maintains their communication with you.

Under § 61.13(2)(a), F.S., it is the public policy in Florida that each child should have frequent and continuing contact with both parents after a separation or divorce. Florida recognizes no presumption for or against the father or mother, nor against any specific time-sharing schedule.

Beginning with out-of-state undergraduate students admitted for the 2022-23 academic year, eligible students with grandparents residing in Florida may be eligible for a tuition and fee waiver for up to 110% of total degree hours.

The new statute allows for grandparent visitation under the following conditions: Both parents are deceased, missing, or in a persistent vegetative state.

In Florida, parents have the right to decide who can and cannot see their children. If you lost visitation after the child's parents divorced, unfortunately, they have a right to keep your grandkids from you. Only in minimal circumstances will a court grant a grandparent the rights against the parent's wishes.

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Florida Adoption Agreement Providing for Visitation Rights by Natural Grandparents