Grandparent Visitation in Florida

Grandparent Visitation in Florida: Instructions for Family Law Form 12.984

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 afterthe child(ren)’s birth, and paternity has been established.

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.

What should I do next?

For your case to proceed, you must properly notify the other parties of the Grandparent Visitation in Florida petition. If you know where he and/or she lives, you must use personal service. If you absolutely do not know where he and/or she lives, you may use constructive service. However, if constructive service is used, the court may only grant limited relief, if any.

For more information on constructive service, see Notice of Action for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.913(a), and Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b).

If you need to use constructive service, use the Notice of Action for Dissolution of Marriage, Florida Supreme Court Approved Family Law Form 12.913(a), striking through “for Dissolution of Marriage” and inserting “for Grandparent Visitation.” The law regarding constructive service is very complex and you may wish to consult an attorney regarding these issues. If personal service is used, the respondent has/have 20 days to answer after being served with your petition.

Your Grandparent Visitation in Florida case will then generally proceed in one of the following three ways:

DEFAULT... If after 20 days, no answer has been filed, you may file a Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a), with the clerk of court. Then, if you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

UNCONTESTED... If the respondent(s) file(s) an answer that agrees with everything in your Grandparent Visitation in Florida petition or an answer and waiver, and you have filed all of the required papers, you may call the clerk, family law intake staff, or judicial assistant to set a final hearing. You must notify the other party of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

CONTESTED... If the respondent files an answer that disagrees with or denies anything in your Grandparent Visitation in Florida petition, and you are unable to settle the disputed issues, you should file a Notice for Trial, Florida Supreme Court Approved Family Law Form 12.924, after you have filed all of the required papers. Then you should contact the clerk, family law intake staff, or judicial assistant for instructions on how to set your case for trial (final hearing). Some circuits may require the completion of mediation before a final hearing may be set.

Where can I look for more information?

Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. For further information, see chapter 752 and section 61.13(2)(b)2.c., Florida Statutes.

Special notes...

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer , Florida Family Law Rules of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

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