What visitation rights do grandparents have in an abuse case?

In abuse cases in Florida, grandparents can obtain time sharing visitation in two different ways. The first way is if a abuse or neglect or abandonment action is filed against the parents by the Department of Children and Families or DCF. Under the dependency statues the Department of Children and Families, which would be the legal custodian of the children at that point, have the authority to permit visitation between the children and grandparents.

The other way in which the grandparents can obtain contact with their grandchildren is through a temporary custody action for third parties. That’s a very limited action in which the grandparents would have to establish that they’ve had actual custody of the child who has been residing with them for approximately six months and they have to establish that the parents have either abandoned, abused or neglected the children or they can obtain consents by both parents that the grandparents can have temporary custody of their grandchildren. Only under those two circumstances currently in Florida can grandparents obtain visitation or time sharing with children.

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