Grandparent Visitation Rights

We are often asked what are Grandparent Visitation Rights in the state of Florida after a divorce? For most families when a divorce has occurred both parties understand the value and need for a child to have a good relationship with both sets of Grand Parents.
Sadly a minority of divorces fail to settle down after the initial trauma of the divorce. This remaining strife can leave Grandparents caught on the sidelines of their grand children’s lives. Ideally convincing the parents to allow for regular visitation to occur. If this is not an option, there is a statute known as: Florida Statute 752 Grandparental Visitation Rights.

Florida Statute 752

Statute 752 is a law designed to help qualified Grandparents obtain visitation with their estranged grandchildren. Grandparents can file a petition and a judge will first check to make sure it meets the following qualifiers.
1. There has been a divorce between the parents.
2. A parent of the child has deserted the child;
3. or the minor child was born out of wedlock.

Typically the desertion of the child is the son or daughter of the grandparents. If these criteria are met then the judge must determine whether it is in the best interest of the child to have visitation with the grandparents.

The judge makes this determination by weighing the following factors.
1. The willingness of the grandparents to encourage a good relationship between the parent or parents.
2. How long the prior relationship with the grandparents was before the divorce. The judge will also look at how good the relationship has been between the child and grandparents.
3. If the child is of sufficient maturity the judge may take their preference into consideration.
4. The mental and physical health of the child.
5. The mental and physical health of the grandparents.
6. Any other factors that the judge determines should matter to the individual case.

Florida Statute 752 does not provide visitation or apply to children put up for adoption.


If you feel that you meet the criteria and would like to discuss your specific options and situation with a lawyer. Don’t hesitate to call for a free meeting with Wesley Chapel Law Group.