Grandparents Rights

Grandparents in Florida have had a frustrating time attempting to see their grandchildren after a parent’s divorce or death. Up until recently, Florida law gave grandparents no right to visitation with their grandchildren, regardless of the circumstances surrounding the case. Finally, the Florida Legislature and Governor Ron DeSantis have stepped in to remedy this situation.

On June 25, 2022, Governor DeSantis passed HB 1119, commonly called the Markel Act. This new law grants grandparents visitation rights with their grandchildren, but under very limited circumstances. When a grandparents’ child is killed and either a civil or criminal court finds the surviving parent responsible for the death, then and only then can grandparents petition a family court for visitation with their grandchildren. The law’s name comes from the case of the death of Florida State University Professor Dan Markel. Markel was killed in 2014, and his ex-wife is accused of orchestrating the murder.

Although limited, this new law certainly changes the landscape in Florida for grandparents. Florida is one of many states to recognize the rights to parent children free of government intrusion. Florida courts have ruled this right fundamental and protected by both the Unites States and Florida Constitutions. However, in cases where a parent is killed by the other parent, this law recognizes the fundamental role grandparents play in the upbringing of child victims.

At DLB Law, attorney David Benjamin has handled complex and difficult matters involving grandparents attempts to obtain visitation rights with their grandchildren under circumstances where the government steps in to take children away from their parents due to abandonment, abuse or neglect. Please contact our office to discuss your case and your rights.