eLaws of Florida

  SECTION 39.509. Grandparents rights.  


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  • 1Notwithstanding any other provision of law, a maternal or paternal grandparent as well as a stepgrandparent is entitled to reasonable visitation with his or her grandchild who has been adjudicated a dependent child and taken from the physical custody of the parent unless the court finds that such visitation is not in the best interest of the child or that such visitation would interfere with the goals of the case plan. Reasonable visitation may be unsupervised and, where appropriate and feasible, may be frequent and continuing. Any order for visitation or other contact must conform to the provisions of s. 10139.0139102.
    103(1) 104Grandparent visitation may take place in the home of the grandparent unless there is a compelling reason for denying such a visitation. The department’s caseworker shall arrange the visitation to which a grandparent is entitled pursuant to this section. The state shall not charge a fee for any costs associated with arranging the visitation. However, the grandparent shall pay for the child’s cost of transportation when the visitation is to take place in the grandparent’s home. The caseworker shall document the reasons for any decision to restrict a grandparent’s visitation.
    194(2) 195A grandparent entitled to visitation pursuant to this section shall not be restricted from appropriate displays of affection to the child, such as appropriately hugging or kissing his or her grandchild. Gifts, cards, and letters from the grandparent and other family members shall not be denied to a child who has been adjudicated a dependent child.
    251(3) 252Any attempt by a grandparent to facilitate a meeting between the child who has been adjudicated a dependent child and the child’s parent or legal custodian, or any other person in violation of a court order shall automatically terminate future visitation rights of the grandparent.
    297(4) 298When the child has been returned to the physical custody of his or her parent, the visitation rights granted pursuant to this section shall terminate.
    323(5) 324The termination of parental rights does not affect the rights of grandparents unless the court finds that such visitation is not in the best interest of the child or that such visitation would interfere with the goals of permanency planning for the child.
    367(6) 368In determining whether grandparental visitation is not in the child’s best interest, consideration may be given to the following:
    387(a) 388The finding of guilt, regardless of adjudication, or entry or plea of guilty or nolo contendere to charges under the following statutes, or similar statutes of other jurisdictions: s. 417787.04, 418relating to removing minors from the state or concealing minors contrary to court order; s. 433794.011, 434relating to sexual battery; s. 439798.02, 440relating to lewd and lascivious behavior; chapter 800, relating to lewdness and indecent exposure; s. 455826.04, 456relating to incest; or chapter 827, relating to the abuse of children.
    468(b) 469The designation by a court as a sexual predator as defined in s. 482775.21 483or a substantially similar designation under laws of another jurisdiction.
    493(c) 494A report of abuse, abandonment, or neglect under ss. 503415.101504-505415.113 506or this chapter and the outcome of the investigation concerning such report.
History.-s. 9, ch. 90-273; s. 72, ch. 91-45; s. 7, ch. 93-156; s. 6, ch. 97-95; s. 71, ch. 98-403; s. 33, ch. 99-193; s. 4, ch. 2007-109; s. 38, ch. 2016-24.

Note

Note.-Former s. 39.4105.

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