Grandparents’ Rights in Florida: Understanding Visitation & Custody Options
Do Grandparents Have Visitation Rights in Florida?
Florida law gives Grandparents’ Rights Florida very limited automatic visitation , but there are important exceptions. Generally, parents have the constitutional right to decide who spends time with their child. However, Florida courts recognize that grandparents often play a meaningful role in a child’s life, and in certain circumstances, grandparents can petition the court for visitation.
To learn more about Florida family law in general, visit:
https://gisondolaw.com/family-law/
When Grandparents Can Request Visitation
Under Florida Statute § 752.011, grandparents may request visitation only in specific, serious circumstances, such as:
- One parent is deceased, missing, or in a persistent vegetative state
- Both parents are deceased, missing, or incapacitated
- A parent poses a significant threat to the child’s health or safety
- The child has been removed from the home by the state
- A parent has been convicted of a violent felony or abuse
In these cases, the court may allow grandparent visitation if it is proven to be in the best interest of the child and will not interfere with the parent-child relationship.
For information on parental financial obligations in related cases, visit:
https://gisondolaw.com/child-support/
The “Best Interests of the Child” Standard
Even when grandparents meet the requirements to petition for visitation, Florida courts evaluate whether visitation is genuinely beneficial to the child. Factors include:
- The child’s emotional and physical needs
- The existing relationship between grandparent and grandchild
- The child’s preference (when age-appropriate)
- Evidence of harm or risk if visitation is denied
- The stability of the child’s current home life
- Any history of abuse, neglect, substance abuse, or unsafe behavior
Courts prioritize the child’s safety and emotional well-being above all else.
When Grandparents Can Pursue Custody
Grandparents may pursue temporary or permanent custody when parents are unable or unfit to care for the child. This typically occurs when:
- Parents are struggling with substance abuse
- There is ongoing domestic violence
- Parents are incarcerated
- A child has been abandoned or neglected
- The Department of Children and Families (DCF) is involved
In many cases, grandparents step in voluntarily to care for children while the parents stabilize. Courts often prefer placing children with relatives instead of foster care when possible.
Learn more about modifying parental responsibility arrangements at:
https://gisondolaw.com/modification-of-final-judgment/
Temporary Custody by Extended Family
Grandparents can petition for Temporary Custody by Extended Family Member, which allows them to:
- Make medical decisions
- Enroll the child in school
- Access healthcare and insurance
- Handle educational and daily needs
This option is commonly used when the parents consent or when the court determines that the child needs protection.
How to Strengthen a Grandparent’s Case
Grandparents seeking custody or visitation should prepare:
- Documentation showing involvement in the child’s life
- Evidence of parental unfitness, if applicable
- Records of communication or support provided
- Statements from teachers, counselors, or caregivers
- Proof of a stable, safe living environment
The stronger the evidence, the more likely the court will consider expanding a grandparent’s rights.
More information on Florida divorce and family planning options:
https://gisondolaw.com/divorce-dissolution-of-marriage/
When to Speak with a Family Law Attorney
Florida’s laws regarding grandparents’ rights are complex, and courts apply them strictly. A family law attorney can help evaluate whether a grandparent qualifies for visitation or custody, prepare petitions, gather evidence, and guide the case through the legal process. Proper representation ensures the child’s safety, stability, and long-term well-being remain the focus. If you live in Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Orange, or Hillsborough Counties in Florida you can schedule a free, in office, initial consultation with Board Certified Family and Marital Law Attorney Grant Gisondo by calling his office at 561-530-4568. Learn more about Attorney Gisondo’s law practice by visiting his website https://gisondolaw.com.
To schedule a consultation, visit:
https://gisondolaw.com/contact-us/