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Do Florida grandparents have visitation rights?

If you live in Florida and have a grandchild who has separated, divorced or imprisoned parents, a time may come when you want to pursue legal visitation with your grandchild. Perhaps your child’s other parent is hesitant to allow you to spend time with your grandchild, or maybe you fear for your grandchild’s well-being when he or she is in the company of his or her parents. Regardless of your reason for pursuing visitation, though, your situation must meet certain criteria for your quest to prove successful.

Per the Florida Legislature, Florida Statue 752.011 is what stipulates state laws with regard to grandparent visitation. Essentially, it dictates that you, as a grandparent, can pursue legal visitation with your grandchild if your situation meets one of two circumstances.

First, you may be able to seek visitation if both of your grandchild’s parents are dead, legally missing or in a persistent, vegetative state. Second, you may be able to seek visitation if one parent is dead, legally missing or in a vegetative state and the other parent has a felony or violent conviction that threatens your grandchild’s wellbeing.

In the legal sense, in Florida, “missing” refers to a parent who cannot be located after at least 90 days of genuine effort. Efforts might include contacting family members or known confidantes or checking with hospitals, recent employers and postal providers about a parent’s possible whereabouts.

While this information about Florida grandparent visitation rights is informative in nature, it is not a substitute for legal advice.


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Schipani and Norman, P.A.
1605 Main Street, Suite 1110
Sarasota, FL 34236

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