Grandparents’ Rights Attorney in Tampa

Two Distinct Florida Legal Paths for Tampa Grandparents

Florida gives grandparents narrow, fact-specific paths to seek visitation or custody. At Sessums Law Group, P.A., we help Tampa grandparents determine whether Chapter 752 visitation, Chapter 751 custody, or another provision applies to their circumstances.

We represent grandparents seeking to preserve a relationship with a grandchild or obtain legal authority for a child already in their care. Mark A. Sessums has been Board Certified by The Florida Bar in Marital and Family Law since 1997. We also offer virtual consultations and bilingual legal services in English and Spanish.

Speak with our grandparents’ rights lawyers in Tampa about the circumstances affecting your family. Call (813) 212-8330 to schedule a consultation.

Who Can Petition for Grandparent Visitation in Tampa?

Florida Statute 752.011 doesn’t give grandparents automatic visitation rights. A grandparent, including a great-grandparent, may petition only when the family meets one of the statute’s limited conditions.

A petition may be available when:

• Both parents are deceased, missing, or in a persistent vegetative state.
• One parent is deceased, missing, or in a persistent vegetative state, and the other has been convicted of a felony or violent offense that poses a substantial threat of harm to the child.

The petition must be filed in the county where the child primarily resides. Under the 2022 Markel Act, a rebuttable presumption favors visitation when one parent has been held criminally or civilly liable for causing the other parent’s death. This presumption may be challenged with evidence.

What Evidence Does Court-Ordered Visitation Require?

At a preliminary hearing, the grandparent must make a prima facie showing of parental unfitness or significant harm to the child. In other words, the initial evidence must be sufficient to support the claim if it isn’t rebutted. Without that showing, the court must dismiss the petition and may order the grandparent to pay the parent’s attorney fees.

If the case advances, the grandparent must meet the clear and convincing evidence standard, which requires proof substantially more persuasive than the ordinary civil standard.

Before awarding reasonable visitation, the court must find:

• A parent is unfit, or the child faces significant harm.
• Visitation is in the child’s best interest.
• Visitation won’t materially harm the parent-child relationship.

These requirements protect parental privacy rights, including a fit parent’s constitutional authority to decide who may have contact with a child. We evaluate the statutory conditions and available evidence before advising a client to file.

Chapter 751 Custody for Grandparents Raising a Child

Grandparents already caring for a child may have a different path under Chapter 751 of the Florida Statutes. An extended family member, including a grandparent, may seek concurrent or temporary custody when the statutory eligibility requirements are met.

The two custody options address different circumstances:

• Concurrent custody: This option may be available with the parents’ signed, notarized consent or when the grandparent has had physical custody for at least 10 days in any 30-day period during the previous 12 months.
• Temporary custody: If a parent objects, the court may grant temporary custody only upon clear and convincing evidence that the parent is unfit because of abuse, abandonment, or neglect.

A Chapter 751 order can provide authority to enroll the child in school, consent to medical care, and access records. The appropriate petition depends on who currently cares for the child, whether the parents consent, and what evidence is available.

Notice Rights When a Grandchild Is Being Adopted

Florida Statute 63.0425 may entitle a grandparent to notice of an adoption-related hearing. The provision applies when the child lived with the grandparent for at least six months during the 24 months before the filing of a petition to terminate parental rights for adoption.

The adoption entity must notify a qualifying grandparent of the hearing. This provision doesn’t apply to stepparent adoptions or when placement follows a parent’s death and the parent’s will states a different preference. Notice provides an opportunity to respond, but it doesn’t automatically create custody or visitation rights.

Board-Certified Family Law Guidance Since 2008

Sessums Law Group, P.A. has provided family law representation since 2008. Mark A. Sessums’s Board Certification in Marital and Family Law reflects substantial involvement, examination, peer review, and continuing education in the field.

We analyze whether the facts support a visitation petition, a Chapter 751 custody action, or adoption notice rights. Our approach centers on careful preparation, candid advice, and clear explanations of the legal burdens involved.