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Rights to Visit a Grandchild

Posted By: Heather Cherepkai

Q

My son died, had a child and the mother gave guardianship to someone not blood related.  Do I have rights to visit with this child.  If so how do i go about establishing visitation?

A

I am sorry to hear about the loss of your son.  Unfortunately, in the State of Florida, grandparents are not provided legal rights to visitation or access to grandchildren.  Now the issue may be whether the guardianship provided to the non-relative is legally sufficient to provide for all needs of the child, additionally,   there must be an underlying  reason for such an act by the mother.  If the guardian is not appropriate and there are concerns for the safety of the child, then the State of Florida may become involved and placement with a relative is preferred over a non-relative.

I would encourage you to reach out to the non-relative and establish a relationship with him or her in order to play a role in your grandchild’s life. I wish you the best in your efforts and if you need any further legal advice, please do not hesitate to contact us.

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