Question 1

What are extraordinary circumstances in Florida parental rights?

Accepted Answer

Extraordinary circumstances: a legal standard that allows a non-parent (grandparent, stepparent, or other caretaker) to seek custody or visitation over the objection of a fit parent. FL: follows the U.S. Supreme Court’s decision in Troxel v. Granville (2000): a fit parent’s decision about custody and visitation is entitled to special weight. FL courts: require extraordinary circumstances before granting custody or visitation to a non-parent over a parent’s objection. The standard: is very high (the non-parent must demonstrate: that the parent is unfit, or that the child will suffer harm without the non-parent’s involvement).

Question 2

When do Florida courts find extraordinary circumstances exist?

Accepted Answer

FL findings: parental unfitness (the parent has: abandoned the child, abused the child, or is unable to care for the child due to: substance abuse, mental illness, or incarceration), established custodial relationship (the non-parent has: served as the primary caretaker for a significant period: the child has bonded with the non-parent and removal would cause harm), harm to the child (denying the non-parent access would: cause demonstrable harm to the child’s emotional or physical well-being), and parental consent then withdrawal (the parent previously consented to the non-parent’s involvement and then withdrew consent after the child formed a bond). FL: Section 752.011 governs grandparent visitation.

Question 3

How does a non-parent seek custody under extraordinary circumstances in Florida?

Accepted Answer

FL process: petition (the non-parent files a petition with the family court: alleging extraordinary circumstances and requesting custody or visitation), evidence (the non-parent must present: clear and convincing evidence of extraordinary circumstances: testimony, documentation, and expert opinions), guardian ad litem (the court may appoint a guardian ad litem to: investigate the child’s best interests and make recommendations), hearing (the court holds a hearing: both the parent and the non-parent present evidence), and order (the court determines: whether extraordinary circumstances exist and if so: what custody or visitation arrangement serves the child’s best interests). The parent: has a constitutional right to direct the upbringing of their child.

Extraordinary Circumstances Parental Rights Exception

FL Extraordinary Circumstances: Parental Rights

The Standard

When Found

Process

Related Terms

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