Grandparent Visitation Rights in Florida 2026: When Can Grandparents Get Custody?

Understanding Grandparent Visitation Rights in Florida in 2026

Florida law does allow grandparents to seek visitation with their grandchildren, but the legal standards are surprisingly strict. Under Florida Statute 752.011, grandparents can petition for visitation only under specific circumstances, and courts will grant it only when visitation serves the child's best interests while not interfering with the parent-child relationship.

In my experience handling grandparent visitation cases throughout Florida, I have seen loving grandparents devastated to learn how limited their legal options can be. The reality is that Florida prioritizes parental rights very highly, which means grandparents face an uphill battle in most situations. However, when the circumstances align and the case is properly presented, grandparents can and do win meaningful time with their grandchildren.

This guide covers everything you need to know about grandparent visitation rights in Florida for 2026, including when you can petition for visitation, when custody becomes possible, and the specific steps required to pursue either option.

The Legal Foundation: Why Florida Makes Grandparent Visitation Difficult

Before diving into the specifics, understanding why Florida law is structured the way it is will help you evaluate your situation realistically.

The United States Supreme Court case Troxel v. Granville (2000) established that fit parents have a fundamental constitutional right to make decisions about their children, including who can spend time with them. Florida's grandparent visitation statute was carefully written to comply with this ruling while still providing a narrow pathway for grandparents in appropriate circumstances.

This means Florida courts start with a presumption that a fit parent's decision to deny grandparent visitation is correct. As a grandparent, you must overcome this presumption with clear evidence that visitation is in your grandchild's best interests.

When Can Grandparents Petition for Visitation in Florida?

Under Florida Statute 752.011, grandparents can petition for visitation only when one of these situations exists:

• One parent has been missing for at least 90 days
• One parent is deceased
• One parent has been convicted of a felony or an offense involving violence or domestic violence
• The minor child was born out of wedlock and the parents are not married (paternal grandparents only, if paternity has been established)
• The marriage of the child's parents has been dissolved

Let me be clear: if none of these circumstances apply, you generally cannot petition for grandparent visitation in Florida, no matter how close your relationship with your grandchild has been.

Understanding the Divorce Exception

The dissolution of marriage exception is the most common pathway for grandparent visitation petitions. When your adult child divorces, this triggers your eligibility to petition, but it does not guarantee success.

I have worked with grandparents in Hillsborough, Pinellas, and other Florida counties who assumed that because their son or daughter was going through a divorce, they automatically had rights to see their grandchildren. That is not how it works. The divorce simply opens the courthouse door; you still must prove your case meets the statutory requirements.

If you are concerned about maintaining a relationship with your grandchildren during a family divorce, consider scheduling a strategy session to understand your specific options.

The Four-Part Test for Grandparent Visitation

Even when you meet the threshold requirements to file, you must prove all four elements under Florida Statute 752.011(1):

1. The Minor Child's Parents Are Unfit or There Is Significant Harm

You must demonstrate either that both parents are unfit or that the child would suffer significant harm without grandparent visitation. This is not about proving the parents are bad people; it is about showing a specific detriment to the child.

2. The Grandparent Has an Existing Substantial Relationship

You must prove that you have a substantial and ongoing relationship with the grandchild. Courts look for evidence of:

• Regular contact over a significant period
• Emotional bond between grandparent and child
• The grandparent serving as a caregiver or provider
• A history of the child living with or spending significant time with the grandparent

3. The Child's Best Interests Would Be Served

The court must find that visitation would serve the child's best interests. This involves weighing factors similar to those in child custody determinations, including the child's preference if they are old enough to express one. As discussed in our article on teenage custody preferences, older children's wishes carry more weight.

4. Parents Have Unreasonably Denied Visitation

You must show that the parents have unreasonably denied or restricted visitation. If a parent has offered some visitation but you simply want more, courts are unlikely to intervene.

When Can Grandparents Get Custody in Florida?

While visitation allows grandparents time with grandchildren, custody (or time-sharing as Florida calls it) involves actually caring for the child and making decisions on their behalf. This is a much higher bar.

Grandparents can seek custody in Florida through several pathways:

Temporary Custody by Extended Family

Florida Statute 751 allows grandparents and other extended family members to petition for temporary custody when:

• The child currently lives with the grandparent, or
• The grandparent has consent from the parent with custody, or
• An emergency exists

This temporary custody does not terminate parental rights but gives the grandparent legal authority to make decisions about the child's education, healthcare, and daily welfare.

Dependency Proceedings

When the Department of Children and Families becomes involved due to abuse, neglect, or abandonment, grandparents often become the preferred placement option. Florida law requires DCF to consider relatives first when removing children from their parents.

In dependency cases, grandparents may eventually be able to adopt or become permanent guardians of their grandchildren.

Concurrent Custody

In some situations, grandparents can seek concurrent custody along with the parents. This typically happens when grandparents have been substantially involved in raising the child and seek legal recognition of that role.

The Step-by-Step Process for Grandparents Seeking Visitation

If you believe you qualify for grandparent visitation in Florida, here is what to expect:

Step 1: Document Your Relationship

Before filing anything, gather evidence of your relationship with your grandchild:

• Photographs showing time spent together
• Records of financial support you have provided
• Communication records (texts, emails, cards)
• Testimony from teachers, doctors, or others who observed your relationship
• Evidence of caregiving you provided

Step 2: Attempt Resolution

Courts want to see that you tried to resolve the situation without litigation. Document your attempts to arrange visitation directly with the parents. Written communications work best because they create a clear record.

Step 3: File the Petition

Your petition must be filed in the circuit court in the county where the child lives. The petition must include:

• The facts establishing your eligibility under F.S. 752.011
• Your existing relationship with the child
• How the parents have denied visitation
• Why visitation serves the child's best interests
• A proposed visitation schedule

Step 4: Serve the Parents

Both parents must be properly served with the petition. This can complicate matters if one parent supports your visitation request while the other opposes it.

Step 5: Attend the Hearing

The court will schedule a hearing where both sides present evidence. You should be prepared to testify about your relationship and have witnesses if possible. The parents will have the opportunity to explain why they believe visitation is not in the child's best interest.

Common Challenges Grandparents Face

In my practice, I have seen several recurring obstacles that grandparents encounter:

The Parental Preference Problem

Because Florida gives such strong deference to parental decisions, grandparents often struggle to overcome the presumption that parents know what is best. If the parents present as fit and capable, courts are reluctant to override their judgment about grandparent contact.

Relationship Documentation Gaps

Many grandparents have wonderful relationships with their grandchildren but limited documentation. When the relationship breaks down, they wish they had kept better records of their involvement.

Alienation from One Side

After a divorce, grandparents on one side sometimes find themselves shut out by the other parent. This is especially painful when that parent has primary custody.

Financial Considerations

Grandparent visitation cases can be expensive to litigate. Unlike some family law matters, there is no provision requiring the other side to pay your attorney fees even if you win.

For those concerned about legal costs, our unbundled services may help you pursue your rights more affordably.

Special Circumstances: Emergency Situations

If your grandchild is in immediate danger, the analysis changes significantly. When there is evidence of abuse, neglect, or abandonment, grandparents may be able to seek emergency custody orders that bypass some of the normal requirements.

Emergency petitions require showing:

• Immediate and present danger to the child
• The emergency nature of the request
• Why waiting for a regular hearing would harm the child

What If a Parent Wants to Move Away?

If your grandchild's custodial parent is planning to relocate out of Florida, this could dramatically impact any visitation you currently have or hope to obtain. Florida has specific relocation statutes that may allow affected parties to object. Our article on moving out of state with a child explains how these rules work.

While grandparents are not specifically named in the relocation statute, if you have a court-ordered visitation schedule, that order must be addressed before the move occurs.

How Florida Compares to Other States

Florida's grandparent visitation laws are more restrictive than some states but more permissive than others. If you are moving to Florida or your grandchild is moving here, understand that Florida law will govern any new proceedings.

Some grandparents from states with more liberal visitation laws are surprised to find their options limited in Florida. Conversely, if an existing order from another state grants you visitation, Florida courts will generally honor that order under the Uniform Child Custody Jurisdiction and Enforcement Act.

Practical Tips for Grandparents in 2026

Based on years of experience with these cases, here is my practical advice:

• Maintain relationships with both parents if possible, even after divorce
• Document everything, especially caregiving you provide
• Avoid badmouthing either parent to the grandchildren
• Consider mediation before litigation
• Get legal advice early so you understand your realistic options
• Focus on the grandchildren's wellbeing, not winning against the parents

Understanding Florida's 50/50 Custody Presumption

In 2023, Florida shifted to a presumption of 50/50 time-sharing between parents. For grandparents, this change has mixed implications. You can learn more about how Florida approaches custody division in our article on whether Florida is a 50/50 custody state.

On one hand, if your adult child has equal time with their children, you may have better opportunities to see your grandchildren during that parent's time. On the other hand, courts may be less inclined to add grandparent visitation on top of an already complex parenting schedule.

When to Consult an Attorney

Grandparent visitation cases are not simple. The legal standards are strict, the procedure is technical, and the emotional stakes are high. I recommend consulting with a Florida family law attorney if:

• You have been completely cut off from your grandchildren
• Your grandchild is in danger
• A divorce is pending and you want to protect your relationship
• You have been caring for your grandchildren and the parents want to remove them
• You need to understand whether you even have standing to file

Our consultation service can help you understand your options without committing to full representation.

Moving Forward

Grandparent visitation rights in Florida require navigating a careful balance between your love for your grandchildren and the legal protections afforded to their parents. The law does provide a pathway, but it is narrow and demanding.

If you are considering pursuing grandparent visitation or custody in Florida, gather your documentation, try to resolve things amicably first, and get informed legal guidance. Understanding exactly where you stand before you file can save significant time, money, and heartache.

This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.