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

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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

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.

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