Grandparents And Visitation
Fla. Stat. 752.011 — only in narrow cases, and only on a showing of unfitness or significant harm
In Florida, a grandparent may petition for visitation only where both parents are deceased, missing or in a persistent vegetative state, or one is, and the other has been convicted of a felony or an offense of violence showing a substantial threat of harm to the child.
A preliminary hearing first. The court holds a preliminary hearing on whether the petitioner has made a prima facie showing of parental unfitness or significant harm to the child. Without that showing, the court dismisses the petition and may award the parent reasonable fees and costs.
After a final hearing, the court may award reasonable visitation if it finds by clear and convincing evidence that a parent is unfit or that there is significant harm to the child, that visitation is in the child's best interest, and that it will not materially harm the parent and child relationship.
Where one parent is criminally or civilly liable for the other's death, the section presumes visitation for the deceased parent's parent. The full list of best interest factors is in the section and is not reproduced here. Whether a petition can succeed is a question for a licensed Florida attorney.
Sources for this section (1)
- Fla. Stat. 752.011 — Petition for grandparent visitation with a minor child
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.