Florida Statute 39.509 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 39
PROCEEDINGS RELATING TO CHILDREN

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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; s. 5, ch. 2024-71.

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 Citing Statute 39.509

Total Results: 18

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report

Court: Fla. | Date Filed: 2020-01-08T23:53:00-08:00

Snippet: Statutes)...... 8. Under sections 39.509(5) and 39.811(7)(a), Florida Statutes, the court

In Re: Amendments to Florida Rules of Juvenile Procedure and Florida Rule of Appellate Procedure 9.146

Court: Fla. | Date Filed: 2017-03-23T00:00:00-07:00

Citation: 213 So. 3d 803, 42 Fla. L. Weekly Supp. 357, 2017 WL 1090564, 2017 Fla. LEXIS 654

Snippet: 39.811(6), Florida Statutes).— 8. Under sections 39.509(5) and 39.81 l(7)(a), Florida Statutes, the court

B.G. and C.C. v. Dept. of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-23T00:00:00-08:00

Citation: 207 So. 3d 333, 2016 Fla. App. LEXIS 17477

Snippet: the child and his or her grandparents, under s. 39.509; (e) Specify the frequency and nature of visitation

T.M. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-28T00:00:00-07:00

Citation: 210 So. 3d 172, 2016 Fla. App. LEXIS 14482

Snippet: the child and his or her grandparents, under s. 39.509; (e) Specify the frequency and nature of visitation

L.D. v. Florida Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2009-12-30T00:00:00-08:00

Citation: 24 So. 3d 754, 2009 Fla. App. LEXIS 20377, 2009 WL 5126233

Snippet: unsupervised visitation rights. We explained: Section 39.509, Florida Statutes (2008), entitles grandparents… physical custody of his or her parent." § 39.509(4); T.M. v. Dep't of Children & Families

In Re Amendments to the Florida Rules of Judicial Administration

Court: Fla. | Date Filed: 2009-11-12T00:00:00-08:00

Citation: 24 So. 3d 47, 34 Fla. L. Weekly Supp. 609, 2009 Fla. LEXIS 1921, 2009 WL 3763128

Snippet: 39.811(6), Florida Statutes). 8. Under sections 39.509(5) and 39.811 (7)(a), Florida Statutes, the court

DG v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2009-08-26T00:00:00-07:00

Citation: 16 So. 3d 972, 2009 Fla. App. LEXIS 12504, 2009 WL 2601876

Snippet: writ of certiorari and quash the order. Section 39.509, Florida Statutes (2008), entitles grandparents… physical custody of his or her parent." § 39.509(4); T.M. v. Dep't of Children & Families

MH v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2009-07-10T00:00:00-07:00

Citation: 13 So. 3d 1099, 2009 Fla. App. LEXIS 15430, 2009 WL 2048610

Snippet: It is this order mother seeks to quash. Section 39.509, Florida Statutes (2008), allows grandparent visitation…physical custody of the parent. However, section 39.509(4), Florida Statutes (2008) states, "When

In Re Mv-B.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-06-10T00:53:00-07:00

Citation: 19 So. 3d 381

Snippet: statutory rights in dependency proceedings. See § 39.509, Fla. Stat. (2007). Likewise, a grandparent can

C.V. v. Department of Children & Family Services

Court: Fla. Dist. Ct. App. | Date Filed: 2009-06-10T00:00:00-07:00

Citation: 19 So. 3d 381, 2009 Fla. App. LEXIS 7256

Snippet: statutory rights in dependency proceedings. See § 39.509, Fla. Stat. (2007). Likewise, a grandparent can

IZ v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2007-10-31T00:53:00-07:00

Citation: 967 So. 2d 425

Snippet: the child and his or her grandparents, under s. 39.509; (e) Specify the frequency and nature of visitation

In Re Amendments to Florida Rules of Juvenile Procedure

Court: Fla. | Date Filed: 2006-09-21T00:53:00-07:00

Citation: 939 So. 2d 74

Snippet: 39.811(6), Florida Statutes)...... 8. Under sections 39.509(5) and 39.811(7)(a), Florida Statutes, the court

TM v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-17T00:53:00-07:00

Citation: 927 So. 2d 1088

Snippet: 869 So.2d 39, 40 (Fla. 2d DCA 2004) (referencing 39.509, Fla. Stat.). However, as we stated in L.B. v. …mother challenges the constitutionality of section 39.509, Florida Statutes, which provides that grandparents

Cranney v. Coronado

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-31T23:53:00-08:00

Citation: 920 So. 2d 132

Snippet: would be in the child's best interest. See §§ 39.509 (relating to circumstances where the grandchild

A.D. v. K.S.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-03T00:00:00-08:00

Citation: 869 So. 2d 39, 2004 Fla. App. LEXIS 2571, 2004 WL 385018

Snippet: taken from the physical custody of the parent. § 39.509, Fla. Stat. (2002). Here, however, the child was…child in the custody of the father. Thus, section 39.509 does not apply here. The Florida Supreme Court

Powell v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 2000-04-12T00:00:00-07:00

Citation: 764 So. 2d 632, 2000 Fla. App. LEXIS 4223, 2000 WL 370436

Snippet: their dependent step-grandchild, C.N. Under section 39.509, Florida Statutes (1999), grandparents of dependent…compelling reason for denying such visitation.” § 39.509(1), Fla. Stat. (1999). The trial court denied unsupervised…visitation in the home of appellants. *633See § 39.509(1). Accordingly, the order on appellants’ amended

F.M. v. Department of Children & Families

Court: Fla. Dist. Ct. App. | Date Filed: 1999-01-27T00:00:00-08:00

Citation: 727 So. 2d 995, 1999 Fla. App. LEXIS 637, 1999 WL 29678

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

Gott v. DEPT. OF CHILDREN YOUTH & FAMILIES

Court: Fla. Dist. Ct. App. | Date Filed: 1999-01-19T23:53:00-08:00

Citation: 723 So. 2d 936

Snippet: visitation was not in the best interest of the child. § 39.509, Fla. Stat. (Supp.1998). Certiorari denied.