|
|
The 2024 Florida Statutes
(including 2025 Special Session C)
|
|
|
|
|
F.S. 39.50939.509 Grandparents rights.—Notwithstanding 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. 39.0139.(1) Grandparent 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. (2) A 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. (3) Any 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. (4) When the child has been returned to the physical custody of his or her parent, the visitation rights granted pursuant to this section shall terminate. (5) The 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. (6) In determining whether grandparental visitation is not in the child’s best interest, consideration may be given to the following:(a) The 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. 787.04, relating to removing minors from the state or concealing minors contrary to court order; s. 794.011, relating to sexual battery; s. 798.02, relating to lewd and lascivious behavior; chapter 800, relating to lewdness and indecent exposure; s. 826.04, relating to incest; or chapter 827, relating to the abuse of children. (b) The designation by a court as a sexual predator as defined in s. 775.21 or a substantially similar designation under laws of another jurisdiction. (c) A report of abuse, abandonment, or neglect under ss. 415.101-415.113 or 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; s. 5, ch. 2024-71. Note.—Former s. 39.4105.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 39.509
Total Results: 10
19 So. 3d 381, 2009 WL 1606545
District Court of Appeal of Florida | Filed: Jun 10, 2009 | Docket: 1164706
Cited 4 times | Published
statutory rights in dependency proceedings. See § 39.509, Fla. Stat. (2007). Likewise, a grandparent can
16 So. 3d 972, 2009 Fla. App. LEXIS 12504, 2009 WL 2601876
District Court of Appeal of Florida | Filed: Aug 26, 2009 | Docket: 1124837
Cited 3 times | Published
for writ of certiorari and quash the order.
Section 39.509, Florida Statutes (2008), entitles grandparents
927 So. 2d 1088, 2006 Fla. App. LEXIS 7761, 2006 WL 1330011
District Court of Appeal of Florida | Filed: May 17, 2006 | Docket: 1765131
Cited 3 times | Published
mother challenges the constitutionality of section 39.509, Florida Statutes, which provides that grandparents
24 So. 3d 754, 2009 Fla. App. LEXIS 20377, 2009 WL 5126233
District Court of Appeal of Florida | Filed: Dec 30, 2009 | Docket: 1648346
Cited 1 times | Published
unsupervised visitation rights. We explained:
Section 39.509, Florida Statutes (2008), entitles grandparents
19 So. 3d 381, 2009 Fla. App. LEXIS 7256
District Court of Appeal of Florida | Filed: Jun 10, 2009 | Docket: 60254606
Cited 1 times | Published
statutory rights in dependency proceedings. See § 39.509, Fla. Stat. (2007). Likewise, a grandparent can
13 So. 3d 1099, 2009 Fla. App. LEXIS 15430, 2009 WL 2048610
District Court of Appeal of Florida | Filed: Jul 10, 2009 | Docket: 1659662
Published
week." It is this order mother seeks to quash.
Section 39.509, Florida Statutes (2008), allows grandparent
869 So. 2d 39, 2004 Fla. App. LEXIS 2571, 2004 WL 385018
District Court of Appeal of Florida | Filed: Mar 3, 2004 | Docket: 64829105
Published
taken from the physical custody of the parent. § 39.509, Fla. Stat. (2002). Here, however, the child was
764 So. 2d 632, 2000 Fla. App. LEXIS 4223, 2000 WL 370436
District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 64799391
Published
their dependent step-grandchild, C.N. Under section 39.509, Florida Statutes (1999), grandparents of dependent
727 So. 2d 995, 1999 Fla. App. LEXIS 637, 1999 WL 29678
District Court of Appeal of Florida | Filed: Jan 27, 1999 | Docket: 64786614
Published
Statutes, and amended and renumbered what is now section 39.509, Florida Statutes (Supp.1998). Whether the
723 So. 2d 936, 1999 Fla. App. LEXIS 305, 1999 WL 17789
District Court of Appeal of Florida | Filed: Jan 20, 1999 | Docket: 1173719
Published
visitation was not in the best interest of the child. § 39.509, Fla. Stat. (Supp.1998).
Certiorari denied.
