Family Law and Divorce Attorney serving Tavares, Leesburg, Eustis, Mt. Dora, The Villages® community and surrounding areas

(352) 343-0091 500 W. Caroline St., Tavares, FL 32778

May 22

Grandparents Rights

grandparents rights divorceAs grandparents, one of the biggest joys in life is getting to be around their grandchildren. Some grandparents get to see quite a bit of their grandkids, but sometimes issues between the mother and father can cause concern. What exactly are the rights of grandparents when it comes to seeing or being with their grandchildren after a divorce? What if one of the parents doesn’t get visiting rights, will the grandparents on that side of the family be allowed to see the children? Although it may vary from state to state, here you will find a basic answer to these inquiries.

Grandparents DO have rights, but only in special circumstances. Generally, during a typical divorce, custody of the child/children is split amongst the parents. So long as there is one parent of sound mind and body, who can care for the child, will care for the child. This means the grandparents hold no legal reason to have visitation with the child/children in question. The special circumstances mentioned before are as follows; If both parents are deceased, missing, or in a medically vegetative state, then the grandparents will gain full custody of the child/children in question if the home is fit. Another circumstance is similar but where only one of the parents is deceased, missing, or in a medically vegetative state and the other parent is incarcerated or produces some threat of harm to the child/children in question. It that case, the grandparents would again have the rights if deemed fit.

Unfortunately, as far as the state of Florida goes, that is the extent of the rights of grandparents and grandchildren. This, however, is not that case for every state, such as in Connecticut and Delaware, where a grandparent can be deemed rights to see their grandchild/children if it’s deemed in the child’s best interest.

Basically, during a typical divorce in Florida, it is up to the parents of the child to make sure their grandparents are involved in their lives or not. Rights for the grandparents are sparse, but it is possible to make sure both grandparents and their grandchildren are in each other’s lives. 



Take the first step.

You don’t have to do this alone.

If you need help getting through the divorce, custody or support process, then contact the offices of Benjamin J. Cox and we will be glad to help.

Or, you can call our office at (352) 343-0091.

Or, you can stop by our office in downtown Tavares, just steps from the Lake County Courthouse.

* indicates required field.

Latest Blog Posts

Separate Parties for Kids of Divorced Parents

Tuesday, July 2, 2019

Getting divorced isn't typically a joyous occasion, especially when there are children involved. Many different factors are now needing to be considered, and one often overlooked subject is how to handle is the birthday celebration of the divorced couple's younger child/s. What is the best way to handle this type of situation and still keep the peace? Should divorced parents have separate birthdays for the child/children or try to put differences aside and come together for the occasion?


Getting a Divorce in Florida Without Children.

Tuesday, May 21, 2019

A divorce can be a sad time for many, and not so sad for some others.  Either way, it's a process in Florida that takes time and has different rules for specific circumstances when it comes to filing for divorce. When children are in the picture, it can make things a bit more complicated. But what can one expect when they file for divorce in Florida, and NO children are involved?


Connect With Us

Our Office

Benjamin J. Cox, Attorney at Law
500 W. Caroline St.
Tavares, FL 32778

(352) 343-0091 (phone)
Monday-Friday 9am to 5pm
Saturday 9am to 12pm
Special appointment times by request

  • visa Acceptedvisa
  • mastercard Acceptedmastercard
  • amex Acceptedamex
  • discover Accepteddiscover
  • cash Acceptedcash
  • check Acceptedcheck