Do Grandparents Have Visitation Rights in Florida?
Short answer: Grandparent visitation rights in Florida are very limited. A grandparent can generally seek court-ordered visitation only in narrow situations, such as when both parents are deceased or missing, and must also show that the parent is unfit or that the child would suffer significant harm without contact. Florida's constitution strongly protects parents' decisions.
Grandparents often play a central role in a child's life, so it is painful when a divorce, a death or a family rift cuts off contact. Florida law, however, gives parents broad authority to decide who spends time with their children, and courts have struck down earlier, broader grandparent visitation laws as unconstitutional.
When a grandparent can ask for visitation
Under Florida's current statute, a grandparent may petition for visitation only in limited circumstances, generally when:
- Both of the child's parents are deceased, missing or in a persistent vegetative state; or
- One parent is deceased, missing or in a persistent vegetative state, and the other parent has been convicted of a felony or an offense showing violent behavior.
Even then, the grandparent must show that the living parent is unfit or that the child would suffer significant harm without visitation, and that visitation is in the child's best interests.
Divorce alone is not enough: A divorce, by itself, does not create grandparent visitation rights in Florida. Grandparents usually see grandchildren through a parent's time-sharing.
Other paths that may help
Court options
- Temporary custody by extended family when parents cannot or will not care for the child
- Intervening in a dependency case if the state is involved
- Adoption, where parental rights have been terminated
Non-court options
- Working through the parent who has time-sharing
- Asking for grandparent time in a parenting plan the parents sign
- Family mediation to repair the relationship
Temporary custody by extended family
Florida law allows certain relatives, including grandparents, to seek temporary custody when a child is living with them and the parents consent, or when the parents are unfit. This is different from visitation: it gives the relative authority to care for the child, enroll them in school and consent to medical care.
Mediation can be a better tool
Because the legal path is narrow, many grandparents have more success through conversation than through the court. A neutral family mediator can help parents and grandparents agree on a contact schedule that respects the parents' authority. Learn more about how family mediation works.
When to talk to a lawyer
If you are a grandparent facing a loss of contact, or a parent served with a grandparent petition, the facts matter a great deal. Heather Harris Law handles family law matters for Brevard County families and can explain which options realistically apply.
Frequently asked questions
Can grandparents sue for visitation after a divorce in Florida?
Generally, no. Divorce alone does not give grandparents a right to court-ordered visitation in Florida. The statute applies only in narrow circumstances involving deceased, missing or incapacitated parents.
Can a grandparent get custody in Florida?
In some situations, a grandparent can seek temporary custody by extended family, for example when the child is living with them and the parents consent or are unfit.
Does adoption end grandparent visitation?
Generally, a court-ordered grandparent visitation right ends if the child is adopted, with some exceptions such as a stepparent adoption.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.