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Grandparents Visitation in Florida

Grandparents have limited rights to visitation in Florida. There are a few circumstances where Grandparents have visitation rights.

They are as follows:

• If there is a current dependency case under Florida Statute Chapter 39.
• Under Florida Statute Chapter 752-Grandparental Visitation Rights.

A grandparent of a minor child whose parents are deceased, missing, or in a persistent vegetative state, or whose one parent is deceased, missing or in a persistent vegetative state and whose other parent has been convicted of a felony or an offense of violence evincing behavior that poses a substantial threat of harm to the minor child’s health or welfare, may petition the court for court-ordered visitation with the grandchild under this section.

A. Upon the filing of a petition by grandparent for visitation, the court shall hold a preliminary hearing to determine whether the petitioner has made a prima facie showing of parental unfitness or significant harm to the child. Absent a showing, the court shall dismiss the petition and may award reasonable attorney fees and cost to be paid by the petitioner to the respondent.

B. If the court finds that there is prima facie evidence that a parent is unfit, or that there is significant harm to child, the court may appoint a guardian ad litem and shall refer the matter to family mediation as provided in 752.015. If family mediation does not successfully resolve the issue of grandparent visitation, the court shall proceed with final hearing.

After conducting a final hearing on the issue of visitation, the court may award reasonable visitation to the grandparents with respect to the minor child if the court finds by clear and convincing evidence that a parent is unfit or that there is significant harm to child, that visitation is in the best interest of the minor child, and that the visitation will not materially harm the parent-child relationship.

You can go to Florida Statute Chapter 752.011(4)(a)-(l) to see factors the court analyzes while considering the totality of circumstances affecting the mental and emotional well-being of the minor child.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create an attorney client relationship.