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Florida Statute 39.509 | Lawyer Caselaw & Research
F.S. 39.509 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 39.509

The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH
Chapter 39
PROCEEDINGS RELATING TO CHILDREN
View Entire Chapter
F.S. 39.509
39.509 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.
Note.Former s. 39.4105.

F.S. 39.509 on Google Scholar

F.S. 39.509 on Casetext

Amendments to 39.509


Arrestable Offenses / Crimes under Fla. Stat. 39.509
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 39.509.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE AND FLORIDA RULE OF APPELLATE PROCEDURE, 213 So. 3d 803 (Fla. 2017)

. . . Under sections 39.509(5) and 39.81 l(7)(a), Florida Statutes, the court finds that continued grandparental . . .

B. G. C. C. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 207 So.3d 333 (Fla. Dist. Ct. App. 2016)

. . . frequency and nature of visitation or contact between the child and his or her grandparents, under s. 39.509 . . .

In C. A. S. L. T. M. v., 210 So. 3d 172 (Fla. Dist. Ct. App. 2016)

. . . frequency and nature of visitation or contact between the child and his or her grandparents, under s. 39.509 . . .

L. D. v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, 24 So. 3d 754 (Fla. Dist. Ct. App. 2009)

. . . We explained: Section 39.509, Florida Statutes (2008), entitles grandparents to reasonable visitation . . . visitation rights terminate “when a child has been returned to the physical custody of his or her parent.” § 39.509 . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION, THE FLORIDA RULES OF JUVENILE PROCEDURE, AND THE FLORIDA RULES OF APPELLATE PROCEDURE- IMPLEMENTATION OF THE COMMISSION ON DISTRICT COURT OF APPEAL PERFORMANCE AND ACCOUNTABILITY RECOMMENDATIONS, 24 So. 3d 47 (Fla. 2009)

. . . Under sections 39.509(5) and 39.811 (7)(a), Florida Statutes, the court finds that continued grandparental . . .

D. G. v. DEPARTMENT OF CHILDREN AND FAMILIES Ad, 16 So. 3d 972 (Fla. Dist. Ct. App. 2009)

. . . Section 39.509, Florida Statutes (2008), entitles grandparents to reasonable visitation rights, subject . . . visitation rights terminate “when a child has been returned to the physical custody of his or her parent.” § 39.509 . . .

M. H. v. DEPARTMENT OF CHILDREN AND FAMILIES Ad, 13 So. 3d 1099 (Fla. Dist. Ct. App. 2009)

. . . Section 39.509, Florida Statutes (2008), allows grandparent visitation when a child has been adjudicated . . . However, section 39.509(4), Florida Statutes (2008) states, “When the child has been returned to the . . .

In M. V. B. a C. V. M. P. B. P. v. Ad, 19 So. 3d 381 (Fla. Dist. Ct. App. 2009)

. . . See § 39.509, Fla. Stat. (2007). . . .

I. Z. v. DEPARTMENT OF CHILDREN FAMILIES Ad, 967 So. 2d 425 (Fla. Dist. Ct. App. 2007)

. . . frequency and nature of visitation or contact between' the child and his or her grandparents, under s. 39.509 . . .

In AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE THREE YEAR CYCLE, 939 So. 2d 74 (Fla. 2006)

. . . Under sections 39.509(5) and 39.811(7)(a), Florida Statutes, the court finds that continued grandparental . . .

T. M. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 927 So. 2d 1088 (Fla. Dist. Ct. App. 2006)

. . . In re S.D., 869 So.2d 39, 40 (Fla. 2d DCA 2004) (referencing 39.509, Fla. Stat.). . . . In her final point on appeal,'the mother challenges the constitutionality of section 39.509, Florida . . .

CRANNEY, v. CORONADO,, 920 So. 2d 132 (Fla. Dist. Ct. App. 2006)

. . . See §§ 39.509 (relating to circumstances where the grandchild “has been adjudicated a dependent child . . .

In S. D. a k a S. S. a A. D. v. K. S., 869 So. 2d 39 (Fla. Dist. Ct. App. 2004)

. . . . § 39.509, Fla. Stat. (2002). . . . Thus, section 39.509 does not apply here. . . .

POWELL, v. DEPARTMENT OF CHILDREN AND FAMILIES,, 764 So. 2d 632 (Fla. Dist. Ct. App. 2000)

. . . Under section 39.509, Florida Statutes (1999), grandparents of dependent children may be granted “reasonable . . . in the home of the grandparents “unless there is a compelling reason for denying such visitation.” § 39.509 . . . See § 39.509(1). Accordingly, the order on appellants’ amended motion for visitation is AFFIRMED. . . .

F. M. v. DEPARTMENT OF CHILDREN AND FAMILIES Ad, 727 So. 2d 995 (Fla. Dist. Ct. App. 1999)

. . . legislature amended section 39.475, Florida Statutes, and amended and renumbered what is now section 39.509 . . .

GOTT L. D. v. DEPARTMENT OF CHILDREN, YOUTH FAMILIES,, 723 So. 2d 936 (Fla. Dist. Ct. App. 1999)

. . . . § 39.509, Fla. Stat. (Supp.1998). Certiorari denied. . . .