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 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.
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
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:
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.
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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