Florida Court Forms
Grandparent Visitation in Florida
Florida's Grandparent Visitation Forms
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.
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
The 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.
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More Visitation Pages |
Interactive Fillable 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 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. |
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 Florida State Courts Child Custody Legal Plan Florida Statutes 61.13 Florida Statutes 61.13001 Florida Statutes 61.21 Florida Statutes 751.01 |
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