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Grandparents’ Rights in Lake Mary, Florida and Orlando, Florida Area

What Rights do Grandparents have in the Lake Mary, Florida Area and the Orlando, Florida Area? Grandparents have very limited rights in Florida. They are restricted to a few situations. Grandparents have rights during a Dependency Case wherein the Department of Children and Family Services has removed the children from the parents.

Florida Statute 39.509 Grandparents rights states that: “Notwithstanding any other provision of law, a maternal or paternal grandparent as well as a step grandparent is entitled to reasonable visitation with his or her grandchild who has been adjudicated a dependent child and taken from the physical custody of the parent unless the court finds that such visitation is not in the best interest of the child or that such visitation would interfere with the goals of the case plan. Reasonable visitation may be unsupervised and, where appropriate and feasible, may be frequent and continuing. Any order for visitation or other contact must conform to the provisions of s. 39.0139.”

Grandparents also have visitation rights if they have visitation in another state and the grandchild that they have visitation with has now relocated and lives in Florida. Florida Courts must honor the  Full Faith and Credit Clause of the United States Constitution and allow the Grandparents the same visitation in Florida. 

Further, Grandparents have visitation in these other limited circumstances. See Florida Statute 752.011 Petition for grandparent visitation with a minor child.—”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.”

Florida Statute 751 explains Grandparents’ Rights under the Temporary Custody by Extended Family Member regarding concurrent custody and temporary custody. It explains under what circumstances and when a Grandparent can petition the court for that. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.