Definitions
For purposes of this chapter, the term "grandparent" shall include
great-grandparent.
Title XLIII, Chap. 752, §752.001
Action by grandparent for right of visitation; when petition
shall be granted.
The court shall, upon petition filed by a grandparent of a
minor child, award reasonable rights of visitation to the grandparent with
respect to the child when it is in the best interest of the minor child
if:
The marriage of the parents of the child has been dissolved;
A parent of the child has deserted the child; or
The minor child was born out of wedlock and not later determined to be a child born within wedlock as provided in s. 742.091.
In determining the best interest of the minor child, the court shall consider:
The willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents.
The length and quality of the prior relationship between the child and the grandparent or grandparents.
The preference of the child if the child is determined to be of sufficient maturity to express a preference.
The mental and physical health of the child.
The mental and physical health of the grandparent or grandparents.
Such other factors as are necessary in the particular circumstances.
This act does not provide for grandparental visitation rights
for children placed for adoption under chapter 63 except as provided in
s. 752.07 with respect to adoption by a stepparent.
Title XLIII, Chap. 752, § 752.01
Mediation of visitation disputes
It shall be the public policy of this state that families resolve
differences over grandparent visitation within the family. It shall be
the further public policy of this state that when families are unable to
resolve differences relating to grandparent visitation that the family
participate in any formal or informal mediation services that may be available.
When families are unable to resolve differences relating to grandparent
visitation and a petition is filed pursuant to s. 752.01, the court shall,
if such services are available in the circuit, refer the case to family
mediation in accordance with rules promulgated by the Supreme Court.
Title XLIII, Chap. 752, § 752.015
Persons who must be served notice of petition; manner of service
Notice of the filing of, and a copy of, the petition for grandparental
visitation rights shall be served on the parents of the minor child in
the manner prescribed by chapter 48.
Title XLIII, Chap. 752, § 752.02
Effect of adoption of child by stepparent on right of visitation;
when right may be terminated.
When there is a remarriage of one of the natural parents of a minor
child for whom visitation rights may be or may have been granted to a grandparent
pursuant to s. 752.01, any subsequent adoption by the stepparent will not
terminate any grandparental rights. However, the court may determine that
termination of such visitation rights is in the best interest of the child
and rule accordingly, after affording the grandparent an opportunity to
be heard.
Title XLIII, Chap. 752, §752.07
