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Do Grandparents Have Visitation Rights in Florida?

Blog 2018 March Do Grandparents Have Visitation Rights in Florida?
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Do Grandparents Have Visitation Rights in Florida?

Posted By Stepniak & Park || 9-Mar-2018

Grandparents play a pivotal role in the lives of their grandchildren. While some parents embrace the help, wisdom, and love that grandparents can provide, others may have hard feelings toward them, causing parents to limit or prevent visitation entirely.

Although Florida is home to millions of grandparents, it is also one of the toughest states when it comes to winning grandparent visitation. In order for grandparents to obtain visitation, certain requirements need to be fulfilled.

Grandparents Rights in Florida

Before July 1, 2015, if the parent’s marriage ended in divorce, a parent abandoned a child, or the parents of the child never married, then a grandparent could petition for visitation rights. But with the passage of Florida Statute 752.011, the new law allows suits for visitation in an extremely narrow set of circumstances.

The new statute allows for grandparent visitation under the following circumstances:

  • Both parents are deceased, missing, or are currently in a vegetative-mental state
  • One parent dies, goes missing, or is in a vegetative state
  • The other parent has committed a felony or a violent crime that harms the well-being of the child

In other words, if there is one parent who has a felony or violent crime conviction, grandparents have no visitation rights. So while the 2015 grandparent’s visitation statue affords grandparents some rights, those rights are extended to only a select few that meet the very specific criteria listed in the statute.


If you are interested in filing for visitation in Florida, schedule a free consultation with our Daytona Beach family lawyers at Law Offices of Robert Stepniak today.


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