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Florida Grandparent Visitation

Not all states automatically grant visitation rights for grandparents. Under Florida  laws, grandparents who want child visitation rights may petition the divorce court for visitation rights. The Florida courts will consider the petition and decide if granting grandparent visitation rights is in the best interest of the child, which is determined by considering:

  • Willingness of the grandparents to encourage a close relationship between the child and both parents
  • Length and quality of the relationship between the child and grandparents
  • Child's preference, if the child is mature enough to express preference
  • Mental and physical health of the child
  • Grandparents' mental and physical health
  • Other relevant factors the divorce court may think necessary to consider

However, the Florida Supreme Court has since ruled that some provisions of the statute governing grandparent visitation rights are unconstitutional because the statute allowed the state to interfere with parents' rights to raise their children free from government intervention. Florida courts have stated that when divorced parents of a child agree that the court should not order grandparent visitation rights, it would be a violation of the the parents' right to privacy for the courts to order those visitation rights against the parents' wishes.

Learn more about visitation rights for grandparents and how these court rulings will affect you by finding a local Florida divorce lawyer. Get legal advice on how to handle child visitation and find out if the circumstances of your case may help you get child visitation rights. Call 877-349-1310 or fill out a Florida divorce case review to protect your relationship with your child or grandchild today.

The above synopsis of Florida divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Florida divorce lawyer in your area.

Florida divorce laws were last updated April 2009.

Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.