Florida Statutes
Fla. Stat. § 39.509 (2025)
Grandparents rights.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
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; s. 19, ch. 2025-156.
Note.—Former s. 39.4105.
Notes of Decisions
Cited in 11
cases, 1999–2009 · leading case: DG v. Dep't of Child. & Families, 16 So. 3d 972 (Fla. 3d DCA 2009).
DG v. Dep't of Child. & Families, 16 So. 3d 972 (Fla. 3d DCA 2009). “Section 39.509, Florida Statutes (2008), entitles grandparents to reasonable visitation rights, subject to certain exceptions when the grandchild “has been adjudicated a dependent child and [has been] taken from the physical custody of the parent.”
In Re Mv-B., 19 So. 3d 381 (Fla. 2d DCA 2009). “See § 39.509, Fla. Stat. (2007). Likewise, a grandparent can be a proper placement for a child who is the subject of a dependency proceeding.”
L.D. v. Florida Dep't of Child. & Families, 24 So. 3d 754 (Fla. 3d DCA 2009). “We explained: Section 39.509, Florida Statutes (2008), entitles grandparents to reasonable visitation rights, subject to certain exceptions when the grandchild “has been adjudicated a dependent child and [has been] taken from the physical custody of the parent.”
A.D. v. K.S., 869 So. 2d 39 (Fla. 2d DCA 2004). “§ 39.509, Fla. Stat. (2002). Here, however, the child was never adjudicated dependent as to the father, 2 and the trial court’s order placed the child in the custody of the father.”
TM v. Dep't of Child. & Families, 927 So. 2d 1088 (Fla. 4th DCA 2006). “NOTES [1] In her final point on appeal, the mother challenges the constitutionality of section 39.509, Florida Statutes, which provides that grandparents are entitled to reasonable visitation with a grandchild who has been adjudicated dependent and taken away from the physical…”
C.V. v. Dep't of Child. & Fam. Servs., 19 So. 3d 381 (Fla. 2d DCA 2009). “See § 39.509, Fla. Stat. (2007). Likewise, a grandparent can be a proper placement for a child who is the subject of a dependency proceeding.”
Cranney v. Coronado, 920 So. 2d 132 (Fla. 2d DCA 2006). “See §§ 39.509 (relating to circumstances where the grandchild "has been adjudicated a dependent child and taken from the physical custody of the parent"); 61.”
Gott v. Dept. of Child. Youth & Families, 723 So. 2d 936 (Fla. 3d DCA 1999). “§ 39.509, Fla. Stat. (Supp.1998). Certiorari denied.”
MH v. Dep't of Child. & Families, 13 So. 3d 1099 (Fla. 3d DCA 2009). “Section 39.509, Florida Statutes (2008), allows grandparent visitation when a child has been adjudicated dependent and taken from the physical custody of the parent.”
Powell v. Dep't of Child. & Families, 764 So. 2d 632 (Fla. 1st DCA 2000). “Under section 39.509, Florida Statutes (1999), grandparents of dependent children may be granted “reasonable visitation,” unless such visitation is not in the “best interest of the child,” and the visitation may take place in the home of the grandparents “unless there is a…”
F.M. v. Dep't of Child. & Families, 727 So. 2d 995 (Fla. 3d DCA 1999). “475, Florida Statutes, and amended and renumbered what is now section 39.509, Florida Statutes (Supp.1998).”
— 39.509(1) — 1 case
Powell v. Dep't of Child. & Families, 764 So. 2d 632 (Fla. 1st DCA 2000). “Under section 39.509, Florida Statutes (1999), grandparents of dependent children may be granted “reasonable visitation,” unless such visitation is not in the “best interest of the child,” and the visitation may take place in the home of the grandparents “unless there is a…”
— 39.509(4) — 3 cases
DG v. Dep't of Child. & Families, 16 So. 3d 972 (Fla. 3d DCA 2009). “Section 39.509, Florida Statutes (2008), entitles grandparents to reasonable visitation rights, subject to certain exceptions when the grandchild “has been adjudicated a dependent child and [has been] taken from the physical custody of the parent.”
L.D. v. Florida Dep't of Child. & Families, 24 So. 3d 754 (Fla. 3d DCA 2009). “We explained: Section 39.509, Florida Statutes (2008), entitles grandparents to reasonable visitation rights, subject to certain exceptions when the grandchild “has been adjudicated a dependent child and [has been] taken from the physical custody of the parent.”
MH v. Dep't of Child. & Families, 13 So. 3d 1099 (Fla. 3d DCA 2009). “Section 39.509, Florida Statutes (2008), allows grandparent visitation when a child has been adjudicated dependent and taken from the physical custody of the parent.”
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