Grandparent Visitation in Florida

Florida's Grandparent Visitation Forms

Grandparent Visitation in Florida: Grandparent Visitation in Florida. How to get visitation in Florida if you are the granparent. Free forms, instructions, and procedures.

PETITION FOR GRANDPARENT VISITATION

When should this form be used?

This grandparent visitation form should be used when grandparents are requesting visitation in one of the following circumstances:

  • The mother and/or father of the child(ren) with whom visitation is requested are/is deceased.

  • The parents of the child(ren) with whom visitation is requested are divorced.

  • The mother or father of the child(ren) with whom visitation is requested has deserted the child(ren).

  • The parents of the child were not married when the child(ren) was/were born and did not marry after the child(ren)’s birth, and paternity has been established.

Grandparent Visitation in Florida

The Grandparent Visitation in Florida form should be typed or printed in black ink.

After completing this form, you should sign the form before a notary public.

You should file the original grandparent visitation in Florida form with the clerk of the circuit court in the county where the child(ren) lives/live and keep a copy for your records.

This Form Has Been Deleted


Summary of Florida Senate Statement

Over the last several years, courts have scrutinized laws that give grandparents the right to visit with their grandchildren over the objection of the parents.

Multiple courts have struck down these laws as unconstitutional as they are written or applied because they infringe on the parents‟ constitutional right to raise their child free from government interference.

Today there are approximately 35 states with valid grandparent visitation statutes.

In 1984, the Florida Legislature created ch. 752, F.S., which was designed to give grandparents the right to petition for visitation with their grandchildren.

However, almost all of the substantive provisions in ch. 752, F.S., have been struck down as unconstitutional.

The Legislature has also addressed grandparent visitation rights over the years in the context of ch. 61, F.S., which governs divorce, custody, visitation, and support

Senate Conclusions

Based on a review of case law, as well as discussions with practitioners and legal scholars, it appears that the Florida courts have enumerated certain factors that are important in constructing a grandparent visitation statute.

After reviewing these findings, Senate professional staff recommends that the Legislature weigh the following considerations if it decides to craft new legislation in this area:

  • Allow any grandparent to be able to petition for visitation, regardless of the parents‟ marital status.

  • Create a rebuttable presumption that a fit parent acts in the best interests of the child when denying or allowing visitation.

  • Require the grandparent to submit a verified petition alleging that the child will suffer demonstrable harm if visitation is denied.

  • Require the grandparent to then prove by clear and convincing evidence that the failure to allow visitation has caused or is likely to cause demonstrable harm to the child‟s health, safety, or welfare.

  • Appoint a guardian ad litem for the child.

  • Require a professional evaluation of the child pursuant to the Florida Family Law Rules of Procedure.

  • Enumerate factors that the court must consider when determining whether a denial of visitation will demonstrably harm the child‟s health, safety, or welfare.

  • Place a limit on the number of times a grandparent can file an original action for visitation, absent a real, substantial, and unanticipated change of circumstances.
The report on third-party visitation being prepared by the Family Law Section of The Florida Bar may also provide helpful information for crafting legislation. This report, however, will not be available until after the 2009 Regular Session.

If the Legislature wishes to wait for this report to be released before addressing grandparent legislation, then, at a minimum, Senate professional staff recommends that in the upcoming Regular Session the Legislature consider repealing the provisions of ch. 752, F.S., that have been held unconstitutional (e.g., ss. 752.01 and 752.07, F.S.) in order to avoid confusion and so people do not mistakenly rely on them.

Modifying Child Custody & Visitation in Florida

Florida Court Forms Self Help GuidesThe Self Help Guides' Modifying Child Custody & Visitation in Florida helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more.

Read more...

How Are We Doing?

You Can Help Us Improve Our Website: First, bookmark our website to find us easily and then give us a vote of confidence by liking us on Facebook; just click on the Facebook Like Button at the top of this page. You can also Recommend and send this page to a friend.

Most of all, please leave us your comments with our new Facebook Comments feature below. We'd love to hear about how you are using our site and how we can improve it to make it more useful for you and other Pro Se litigants in the future.

Related Florida Child Visitation Pages:

Back to Top

Back to Florida Child Visitation

Back to Florida Child Custody

Back to Florida Court Forms from Grandparent Visitation in Florida

Sponsored Advertisements:



New! Comments

Have your say about what you just read! Leave me a comment in the box below.


Document Preparation

Representing yourself? Judges love it when Pro Se litigants are well prepared. We offer affordable legal document preparation services.

Get a Free Quote. Call us toll free or just click the button below for your free quote:

Call: (800)868-3010

More Visitation Pages

Interactive Fillable Forms

Interactive Fill-able Florida Family Law Forms

Most Requested Forms

Form 12.905(a) Supplemental Petition to Modify Parental Responsibility, Visitation or Parenting Plan/Time-Sharing Schedule and Other Relief. DEC 2010 ($2.95) Buy Now

Form 12.905(b) Supplemental Petition for Modification of Child Support. DEC 2010 ($2.95) Buy Now

Form 12.983(a) Petition to Determine Paternity and for Related Relief. OCT 2011 ($4.95) Buy Now

Form 12.995(a) Parenting Plan. OCT 2011 ($4.95) Buy Now

Form 12.995(b) Supervised/Safety-Focused Parenting Plan. OCT 2011 ($4.95) Buy Now

Self Help Guides

Modifying Child Custody, Visitation & Child Support
Modifying Child Custody, Visitation & Child Support

This 70+ page guide has complete step by step instructions for completing the Florida court approved forms.

The guide helps you navigate the court process and court procedures once you file with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Available as an e-book download.
($14.95 + tax) • Preview

Child Visitation Resources

Free Lawyer Referral Service
LegalMatch's website operates 24 hours a day, and you will never be charged to use the LegalMatch service.

Legal Forms Publisher
U.S. Legal Forms, Inc. is the leading publisher of State Specific legal forms over the Internet.

Florida State Courts
Family Law Forms - Petitions

Child Custody Legal Plan
Save money when you need an attorney with affordable legal protection you can trust.

Florida Statutes 61.13
Support of children; parenting and time-sharing; powers of court.

Florida Statutes 61.13001
Parental relocation with a child.

Florida Statutes 61.21
Parenting course authorized; fees; required attendance authorized; contempt.

Florida Statutes 751.01
Temporary custody of minor children - Purpose of act.