Florida Statute 39.509 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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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.

(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; s. 19, ch. 2025-156.

Note.—Former s. 39.4105.

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Amendments to 39.509

Annotations, Discussions, Cases:

Cases Citing Statute 39.509

Total Results: 10 | Sort by: Relevance | Newest First

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In Re Mv-B., 19 So. 3d 381 (Fla. 2d DCA 2009).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 2009 WL 1606545

...ave standing to appeal such an order. D.M. v. Dep't of Children & Families, 978 So.2d 211 (Fla. 2d DCA 2008). We follow that holding in this case. We recognize that grandparents have been given certain statutory rights in dependency proceedings. See § 39.509, Fla....

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TM v. Dep't of Child. & Families, 927 So. 2d 1088 (Fla. 4th DCA 2006).

Cited 3 times | Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 7761, 2006 WL 1330011

...We reverse, however, the visitation order. "Generally, a grandparent is entitled to reasonable visitation with a grandchild who has been adjudicated dependent and taken from the physical custody of the parent." In re S.D., 869 So.2d 39, 40 (Fla. 2d DCA 2004) (referencing 39.509, Fla....

...In light of our reversal of this portion of the trial court's order, we need not reach the merits of the final issue raised. [1] Affirmed in part and Reversed in part. GUNTHER and TAYLOR, JJ., concur. 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 custody of the parent....

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DG v. Dep't of Child. & Families, 16 So. 3d 972 (Fla. 3d DCA 2009).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 12504, 2009 WL 2601876

...of Regents v. Snyder, 826 So.2d 382, 387 (Fla. 2d DCA 2002)). As we find that the non-final order granting the maternal grandparents unsupervised visitation satisfies this standard, we grant the father's petition for writ of certiorari and quash the order. 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." However, all such visitation rights terminate "when a child has been returned to the physical custody of his or her parent." § 39.509(4); T.M....

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C.V. v. Dep't of Child. & Fam. Servs., 19 So. 3d 381 (Fla. 2d DCA 2009).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 7256

...anding to appeal such an order. D.M. v. Dep’t of Children & Families, 978 So.2d 211 (Fla. 2d DCA 2008). We follow that holding in this case. We recognize that grandparents have been given certain statutory rights in dependency proceedings. See § 39.509, Fla....

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L.D. v. Florida Dep't of Child. & Families, 24 So. 3d 754 (Fla. 3d DCA 2009).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 20377, 2009 WL 5126233

...We find the facts of this case indistinguishable from the facts in D.G. v. Department of Children and Families, 16 So.3d 972 (Fla. 3d DCA 2009), where we granted certiorari review and quashed an order granting the maternal grandparents unsupervised visitation rights. 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." However, all such visitation rights terminate "when a child has been returned to the physical custody of his or her parent." § 39.509(4); T.M....

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A.D. v. K.S., 869 So. 2d 39 (Fla. 2d DCA 2004).

Published | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 2571, 2004 WL 385018

...As in AS., the trial court in this case could not legally order the father to provide visitation to the maternal relatives. Generally, a grandparent is entitled to reasonable visitation with a grandchild who has been adjudicated dependent and taken from the physical custody of the parent. § 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. Thus, section 39.509 does not apply here....

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MH v. Dep't of Child. & Families, 13 So. 3d 1099 (Fla. 3d DCA 2009).

Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 15430, 2009 WL 2048610

...he mother's care. On the same day, however, the trial court entered a visitation order, allowing the paternal grandmother, "overnight weekend bi-weekly visitation and daytime visits two times during the week." It is this order mother seeks to quash. 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. However, section 39.509(4), Florida Statutes (2008) states, "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." (emphasis added)....

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F.M. v. Dep't of Child. & Families, 727 So. 2d 995 (Fla. Dist. Ct. App. 1999).

Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 637, 1999 WL 29678

Statutes, and amended and renumbered what is now section 39.509, Florida Statutes (Supp.1998). Whether the

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Gott v. Dept. of Child. Youth & Families, 723 So. 2d 936 (Fla. 3d DCA 1999).

Published | Florida 3rd District Court of Appeal | 1999 Fla. App. LEXIS 305, 1999 WL 17789

...artment of Health and Rehabilitative Serv. v. Honeycutt, 609 So.2d 596 (Fla.1992), and deny relief on the ground that the trial court did not abuse its discretion in determining that the proposed visitation was not in the best interest of the child. § 39.509, Fla....

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Powell v. Dep't of Child. & Families, 764 So. 2d 632 (Fla. 1st DCA 2000).

Published | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 4223, 2000 WL 370436

PER CURIAM. Ray Powell and Mary Powell appeal an order denying them unsupervised visitation of their dependent grandchildren, E.P. and C.P., and their dependent step-grandchild, C.N. 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 compelling reason for denying such visitation.” § 39.509(1), Fla....

...ide a means to ensure the safety of the children given John Powell’s free access to the home.” Appellants have not demonstrated that the trial court erred in finding a compelling reason not to allow visitation in the home of appellants. *633 See § 39.509(1)....