Grandparents Have Rights After All

Even though the law used to give grandparents the right to seek custody of their grandchildren, the Florida Supreme Court changed that. But some grandparents still have custody. When a parent who lost custody wants it back, it’s a tough situation. The court has to decide if the parent is ready to take care of the child again, and if the child’s best interests are still with the grandparent. It’s a complicated legal issue. In cases where a grandparent wants to change custody from a parent to themselves, the standard for proving that the change is necessary is different. The grandparent has to prove that there has been a big change in the child’s situation since the last custody decision, and that staying with the parent would be bad for the child. This is a higher standard than just showing that the grandparent’s home would be better for the child. In a recent case, the court clarified that a parent seeking to change custody from the grandparents must prove that there has been a big and important change in their situation, and that it would be bad for the child to continue living with the grandparents. This rule applies even if the custody arrangement was decided before the grandparents passed away.

The law generally prefers parents to have custody over grandparents, because parents have a right to raise their children without too much government involvement. The Florida Supreme Court has ruled that a law allowing grandparents to visit their grandchildren, even after a parent has died, is unconstitutional. However, if there is proof that it would be bad for the child to not see their grandparents, the court can still require visitation. The Florida Supreme Court ruled that a law giving grandparents the same rights as parents in custody cases is unconstitutional. This means that grandparents no longer have the legal right to intervene in a custody dispute or have the same standing as parents in determining what’s best for the child. The court’s decision goes against a previous standard that gave preference to parents in custody decisions, unless the parent was unfit or it would harm the child to be with them. Basically, changes in the law about grandparents’ rights to custody and visitation don’t automatically mean they lose custody. If a parent wants to change custody from the grandparents, they have to show that there has been a big change in the situation and that it’s best for the child. This has been decided in court cases like Carpenter v. Berge and Turner v. Walvick. The First District Court of Appeal in S.G. v. C.S.G, affirmed a trial court decision to change custody from grandparents to the parent. The court said it was not necessary to prove that it was in the child’s best interest to stay with the grandparents. This decision conflicts with another court and may go to the Florida Supreme Court. Usually, the burden of proof is on the party asking for a custody change to make sure the child stays in a stable home. This is to protect the child’s best interest. In cases between parents, the test for changing custody is usually the same. As parents who have been rehabilitated and lost custody of their children under old, unconstitutional laws return to court to regain custody, they face a complicated legal landscape. The courts must balance the child’s need for stability with the parents’ rights, and there is uncertainty about whether old custody determinations will hold up. In many cases, the burden of proof is on the parent seeking custody from grandparents, and they must show a substantial change in circumstances. This can lead to long and difficult legal battles that strain relationships between family members. In a divorce case, if custody of a child is given to someone other than the parents, like a grandparent, the parent must show that there has been a big change in the circumstances before they can get custody back. This is to avoid endless arguments about who should have custody. When parents or third parties seek to change custody arrangements, they have to show that something important has changed since the last custody decision. This is because it’s important for kids to have stability, especially when it comes to who they live with. Courts have said that the rule that favors parents when deciding custody for the first time doesn’t apply when the custody decision is being changed. In those cases, the parent or third party trying to change the custody has to show that something big has changed and that it would be bad for the kids if the custody stayed the same. When it comes to deciding who gets custody of a child, there are two important rules that can clash: the preference for parents to have custody and the need for stability for the child. This is especially important for children with special needs. The court decided that the preference for parents only applies when deciding custody for the first time, not when changing it later on. This means that a parent trying to change custody from a nonparent has to show just as much of a big change in the situation as in a regular parent-parent case. This is to make sure the child’s stability is protected. In the case of deciding custody between parents and grandparents, the court follows the same rules for both. The parent seeking custody change must show a significant change in the child’s circumstances. This means the parent cannot rely on the presumption that they should have custody just because they are the parent. If a parent agreed to let the grandparent have custody in the past, the parent has to show an even bigger change in circumstances to get custody back. In most states, if a grandparent has been given custody of a child and the parent wants to change that, they have to show a really good reason why. This is to make sure the child has stability and doesn’t get moved around too much. It’s hoped that the Florida Supreme Court will do the same, so grandparents can feel secure in their custody rights. This text talks about different laws in different states related to child custody and grandparents’ rights. It mentions cases from Florida and other states, and explains that in these states, the standard for a change in custody is a substantial change in circumstances. It also discusses how in these states, as in Florida, the natural parents receive an automatic preference in custody cases, and how grandparent visitation is not granted to any grandparent who seeks it. Carolyn S. Zisser is a lawyer in Jacksonville who specializes in family law. She helps people with things like divorce, child custody, and dividing up property. This article is written by the Family Law Section and is meant to help lawyers do their jobs better. The goal is to make sure lawyers do their duty and serve the public, improve how the legal system works, and make the study of law better.

Source: https://www.floridabar.org/the-florida-bar-journal/grandparents-have-rights-after-all/