Florida Statute 752.1 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 752
GRANDPARENTAL VISITATION RIGHTS

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F.S. 752.001

752.001 Definitions.—As used in this chapter, the term:

(1) “Grandparent” shall include great-grandparent.

(2) “Missing” means having whereabouts which are unknown for a period of at least 90 days and not being able to be located after a diligent search and inquiry. Such search and inquiry for a missing person must include, at a minimum, inquiries of all relatives of the person who can reasonably be identified by the petitioner, inquiries of hospitals in the areas where the person last resided, inquiries of the person’s recent employers, inquiries of state and federal agencies likely to have information about the person, inquiries of appropriate utility and postal providers, a thorough search of at least one electronic database specifically designed for locating persons, and inquiries of appropriate law enforcement agencies.

(3) “Persistent vegetative state” has the same meaning as provided in s. 765.101(15).

History.—s. 5, ch. 90-273; s. 1, ch. 2015-134; s. 84, ch. 2016-10.

F.S. 752.001 on Google Scholar

F.S. 752.001 on CourtListener

Amendments to 752.001

Annotations, Discussions, Cases:

Cases Citing Statute 752.001

Total Results: 68

Beagle v. Beagle

678 So. 2d 1271, 1996 WL 473320

Supreme Court of Florida | Filed: Aug 22, 1996 | Docket: 1470798

Cited 89 times | Published

Specifically, we address only the 1993 amendment to section 752.01 of the Florida Statutes. Prior to such modification

Von Eiff v. Azicri

720 So. 2d 510, 1998 WL 804685

Supreme Court of Florida | Filed: Nov 12, 1998 | Docket: 1719204

Cited 56 times | Published

rephrase the certified question as follows: IS SECTION 752.01(1)(a), FLORIDA STATUTES (1993), FACIALLY UNCONSTITUTIONAL

Belair v. Drew

770 So. 2d 1164, 2000 WL 1471845

Supreme Court of Florida | Filed: Oct 5, 2000 | Docket: 1779200

Cited 50 times | Published

petitioned the court for visitation under section 752.01(1)(b), Florida Statutes (1997), a statute which

Richardson v. Richardson

766 So. 2d 1036, 2000 WL 1158317

Supreme Court of Florida | Filed: Aug 17, 2000 | Docket: 1697891

Cited 26 times | Published

grandparents. § 752.01(1), Fla. Stat. (1997). Von Eiff involved a challenge to section 752.01(1)(a) and Beagle

Sketo v. Brown

559 So. 2d 381, 1990 WL 39925

District Court of Appeal of Florida | Filed: Apr 9, 1990 | Docket: 1516138

Cited 23 times | Published

Mrs. Sketo's two *382 children pursuant to section 752.01, Florida Statutes (1987). She argues that the

Sullivan v. Sapp

866 So. 2d 28, 2004 WL 62845

Supreme Court of Florida | Filed: Jan 15, 2004 | Docket: 1273775

Cited 14 times | Published

Florida Statutes (2003). Until recent amendments, section 752.01 provided: (1) The court shall, upon petition

Saul v. Brunetti

753 So. 2d 26, 2000 WL 65046

Supreme Court of Florida | Filed: Jan 27, 2000 | Docket: 1433775

Cited 13 times | Published

1998), in which the Fourth District declared section 752.01(1)(d), Florida Statutes (1995), of the grandparent

Meeks v. Garner

598 So. 2d 261, 1992 WL 94199

District Court of Appeal of Florida | Filed: May 11, 1992 | Docket: 1472550

Cited 12 times | Published

parent, grandparent, nor great-grandparent. See § 752.01, Fla. Stat. (1991). Visitation rights are, with

Williams v. Spears

719 So. 2d 1236, 1998 WL 689855

District Court of Appeal of Florida | Filed: Oct 7, 1998 | Docket: 1704989

Cited 10 times | Published

law certiorari jurisdiction and declare that section 752.01(1)(b), Florida Statutes (1997), is unconstitutional

Spence v. Stewart

705 So. 2d 996, 1998 WL 39397

District Court of Appeal of Florida | Filed: Feb 4, 1998 | Docket: 1554958

Cited 10 times | Published

grandson appeals the trial court's order declaring section 752.01(1)(d), Florida Statutes (1995), unconstitutional

Taylor v. Kennedy

649 So. 2d 270, 1994 WL 718753

District Court of Appeal of Florida | Filed: Dec 30, 1994 | Docket: 1693911

Cited 9 times | Published

parent, grandparent, nor great-grandparent. See § 752.01, Fla. Stat. (1991). Visitation rights are, with

Lonon v. Ferrell

739 So. 2d 650, 1999 WL 550673

District Court of Appeal of Florida | Filed: Jul 30, 1999 | Docket: 2540254

Cited 8 times | Published

visitation statutes.[1] The Beagle court held that section 752.01(1)(e) was facially unconstitutional, explaining

Kazmierazak v. Query

736 So. 2d 106, 1999 WL 415215

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 1736625

Cited 8 times | Published

the grandparent's visitation rights, under section 752.01(1)(a), Florida Statutes (1997), which provides

Yh v. Flh

784 So. 2d 565, 2001 WL 505254

District Court of Appeal of Florida | Filed: May 15, 2001 | Docket: 1743978

Cited 7 times | Published

719 So.2d 1236 (Fla. 1st DCA 1998)(declaring section 752.01(1)(b), unconstitutional as applied, where divorced

Fitts v. Poe

699 So. 2d 348, 1997 WL 594162

District Court of Appeal of Florida | Filed: Sep 26, 1997 | Docket: 352812

Cited 7 times | Published

the supreme court found paragraph (1)(e) of section 752.01, Florida Statutes (1995), to impermissibly

Belair v. Drew

776 So. 2d 1105, 2001 WL 109114

District Court of Appeal of Florida | Filed: Feb 9, 2001 | Docket: 421744

Cited 6 times | Published

petitioned the court for visitation pursuant to section 752.01(1)(b), Florida Statutes (1997),[1] a statute

Ms v. Dc

763 So. 2d 1051

District Court of Appeal of Florida | Filed: Jun 2, 1999 | Docket: 1278415

Cited 6 times | Published

the father's parental rights, for purposes of section 752.01(1)(a), Florida Statutes, is essentially equivalent

Brunetti v. Saul

724 So. 2d 142, 23 Fla. L. Weekly Fed. D 2619

District Court of Appeal of Florida | Filed: Dec 2, 1998 | Docket: 1410064

Cited 6 times | Published

this action seeking visitation pursuant to section 752.01, Florida Statutes (1995), which provides: Action

Von Eiff v. Azicri

699 So. 2d 772, 1997 WL 574644

District Court of Appeal of Florida | Filed: Sep 17, 1997 | Docket: 1502941

Cited 6 times | Published

compel visitation under section 752.01(1)(a), Florida Statutes (1995). Section 752.01(1)(a) provides for reasonable

Beagle v. Beagle

654 So. 2d 1260, 1995 WL 293693

District Court of Appeal of Florida | Filed: May 16, 1995 | Docket: 1303683

Cited 6 times | Published

seek review of the trial court's order finding section 752.01(1)(e) to be facially unconstitutional because

Ramey v. Thomas

483 So. 2d 747, 11 Fla. L. Weekly 261

District Court of Appeal of Florida | Filed: Jan 23, 1986 | Docket: 159917

Cited 6 times | Published

§ 752.07, Fla. Stat. (1984 Supp.). However, section 752.01(2), Florida Statutes (1984 Supp.) states it

Y.H. v. F.L.H.

784 So. 2d 565, 2001 Fla. App. LEXIS 6636

District Court of Appeal of Florida | Filed: May 15, 2001 | Docket: 64805229

Cited 5 times | Published

719 So.2d 1236 (Fla. 1st DCA 1998)(declaring section 752.01(l)(b), unconstitutional as applied, where divorced

Sg v. Csg

726 So. 2d 806, 1999 WL 20516

District Court of Appeal of Florida | Filed: Jan 21, 1999 | Docket: 1711689

Cited 5 times | Published

addressing grandparent visitation issues under section 752.01, Florida Statutes, in Beagle v. Beagle, supra

Griss v. Griss

526 So. 2d 697, 1988 WL 40521

District Court of Appeal of Florida | Filed: May 3, 1988 | Docket: 1679691

Cited 5 times | Published

granting visitation pursuant to the provisions of Section 752.01(1)(c), Florida Statutes (1985). On the cross-appeal

Beard v. Hamilton

512 So. 2d 1088, 12 Fla. L. Weekly 2285

District Court of Appeal of Florida | Filed: Sep 16, 1987 | Docket: 473312

Cited 5 times | Published

operation of section 63.172 and the failure of section 752.01(2) to provide for grandparental visitation

Ruth D. Ledoux-Nottingham v. Jennifer Joy Downs, etc.

210 So. 3d 1217, 42 Fla. L. Weekly Supp. 195, 2017 WL 633767, 2017 Fla. LEXIS 336

Supreme Court of Florida | Filed: Feb 16, 2017 | Docket: 4586138

Cited 4 times | Published

Florida’s right of privacy was violated by section 752.01(l)(a), Florida Statutes (1993), which mandated

Fazzini v. Davis

98 So. 3d 98, 2012 Fla. App. LEXIS 11386, 2012 WL 2865488

District Court of Appeal of Florida | Filed: Jul 13, 2012 | Docket: 60312870

Cited 4 times | Published

grandparent. Specifically, the court concluded that section 752.01(l)(a), Florida Statutes (1993), which authorized

Gs v. Tb

985 So. 2d 978, 33 Fla. L. Weekly Supp. 325, 2008 Fla. LEXIS 1243

Supreme Court of Florida | Filed: May 22, 2008 | Docket: 1673428

Cited 4 times | Published

So.2d 510, 511 (Fla.1998), which held that section 752.01(1)(a), Florida Statutes (1993), was unconstitutional

Kas v. Ret

914 So. 2d 1056, 2005 WL 3179763

District Court of Appeal of Florida | Filed: Nov 30, 2005 | Docket: 1781502

Cited 4 times | Published

Brunetti, 753 So.2d 26 (Fla.2000) (holding section 752.01(1)(d), Florida Statutes (1995), unconstitutional);

Lb v. Ca

738 So. 2d 425, 1999 WL 454422

District Court of Appeal of Florida | Filed: Jul 7, 1999 | Docket: 1502988

Cited 4 times | Published

735 So.2d 1287 (Fla.1999), we concluded that section 752.01(1)(d), Florida Statutes (1997), authorizing

Mogul v. Mogul

730 So. 2d 1287, 1999 WL 299580

District Court of Appeal of Florida | Filed: May 14, 1999 | Docket: 222597

Cited 4 times | Published

costs and expenses. It is true that pursuant to section 752.01, grandparents may be ordered to contribute

Russo v. Persico

706 So. 2d 933, 1998 WL 75070

District Court of Appeal of Florida | Filed: Feb 25, 1998 | Docket: 1682668

Cited 4 times | Published

provision of the grandparent visitation statute, section 752.01(1)(a), Florida Statutes. We reverse. As the

Ward v. Dibble

683 So. 2d 666, 1996 WL 695275

District Court of Appeal of Florida | Filed: Dec 6, 1996 | Docket: 466163

Cited 4 times | Published

Grandmother." The court also concluded that section 752.01 was constitutional and that visitation was

Fischer v. Fischer

544 So. 2d 1079, 1989 WL 61124

District Court of Appeal of Florida | Filed: Jun 9, 1989 | Docket: 1709769

Cited 4 times | Published

great-grandparents have here sought to do, is apparent from section 752.01, Florida Statutes (1987). That statute permits

Forbes v. Chapin

917 So. 2d 948, 2005 WL 3478555

District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 1509460

Cited 3 times | Published

Chapter 61 of the Florida Statutes, and not Section 752.01" the court found "no reason to deviate from

Dixon v. Melton

565 So. 2d 1378, 1990 WL 110302

District Court of Appeal of Florida | Filed: Jul 31, 1990 | Docket: 1403760

Cited 3 times | Published

Fisher, 390 So.2d 142 (Fla. 3d DCA 1980). Cf. Section 752.01(1), Florida Statutes. However, additional facts

Worley v. Worley

534 So. 2d 862, 1988 WL 128267

District Court of Appeal of Florida | Filed: Dec 5, 1988 | Docket: 1295622

Cited 3 times | Published

grandparental visitation rights pursuant to Section 752.01, Florida Statutes (1987). We affirm. Henry

Mauldin v. Richter

515 So. 2d 1030, 1987 WL 4135

District Court of Appeal of Florida | Filed: Oct 28, 1987 | Docket: 1467315

Cited 3 times | Published

could be awarded reasonable visitation rights. § 752.01, Fla. Stat. (1985). Pamela remarried and in April

G.S. v. T.B.

985 So. 2d 978

Supreme Court of Florida | Filed: May 22, 2008 | Docket: 64855184

Cited 2 times | Published

So.2d 510, 511 (Fla.1998), which held that section 752.01(1)(a), Florida Statutes (1993), was unconstitutional

Davis v. Weinbaum

843 So. 2d 290, 2003 WL 365904

District Court of Appeal of Florida | Filed: Feb 21, 2003 | Docket: 1243834

Cited 2 times | Published

Brunetti, 753 So.2d 26 (Fla. 2000) (former section 752.01(1)(d), authorizing grandparent visitation where

Belair v. Drew

734 So. 2d 1190, 1999 WL 445804

District Court of Appeal of Florida | Filed: Jul 2, 1999 | Docket: 1257172

Cited 2 times | Published

denying a motion to declare unconstitutional, section 752.01(1)(b), Florida Statutes (1997). We decline

Belair v. Drew

734 So. 2d 1190, 1999 WL 445804

District Court of Appeal of Florida | Filed: Jul 2, 1999 | Docket: 1257172

Cited 2 times | Published

denying a motion to declare unconstitutional, section 752.01(1)(b), Florida Statutes (1997). We decline

Enslein v. Gere

497 So. 2d 705, 11 Fla. L. Weekly 2357

District Court of Appeal of Florida | Filed: Nov 12, 1986 | Docket: 1295574

Cited 2 times | Published

the trial court denied the motion finding: 1. Section 752.01 et seq. of the Florida Statutes does not authorize

Gs v. Tb

969 So. 2d 1049, 2007 WL 2608520

District Court of Appeal of Florida | Filed: Nov 20, 2007 | Docket: 1403819

Cited 1 times | Published

720 So.2d 510, 511 (Fla.1998) (holding that section 752.01(1)(a), Florida Statutes (1993), is unconstitutional

S.G. v. C.S.G.

726 So. 2d 806, 1999 Fla. App. LEXIS 421

District Court of Appeal of Florida | Filed: Jan 21, 1999 | Docket: 64786317

Cited 1 times | Published

addressing grandparent visitation issues under section 752.01, Florida Statutes, in Beagle v. Beagle, supra

Persico v. Russo

721 So. 2d 302, 1998 WL 821782

Supreme Court of Florida | Filed: Nov 25, 1998 | Docket: 2570398

Cited 1 times | Published

certified question here, as we did in Von Eiff: IS SECTION 752.01(1)(a), FLORIDA STATUTES (1993), FACIALLY UNCONSTITUTIONAL

Clinebell v. DEPT. OF CHILDREN & FAMILIES

711 So. 2d 194, 1998 Fla. App. LEXIS 5518, 1998 WL 241262

District Court of Appeal of Florida | Filed: May 15, 1998 | Docket: 1337193

Cited 1 times | Published

there are two sources of such authority. One is section 752.01(1)(c), Florida Statutes. This section permits

In Interest of RCE

535 So. 2d 673, 1988 WL 138509

District Court of Appeal of Florida | Filed: Dec 21, 1988 | Docket: 1711116

Cited 1 times | Published

grandparents pursuant to section 61.13(2)(b)2 c and section 752.01(1)(b), Florida Statutes (1987). We affirm.

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms – 12.975(a)-(c)

Supreme Court of Florida | Filed: Mar 2, 2023 | Docket: 66922390

Published

______________________ pursuant to section 752.001, Florida Statutes. If the minor

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60688689

Published

______________________________ pursuant to section 752.001, Florida Statutes. If the minor

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60680655

Published

______________________________ pursuant to section 752.001, Florida Statutes. If the minor

In Re: Amendments to the Florida Family Law Rules of Procedure - 2020 Regular-Cycle Report

Supreme Court of Florida | Filed: Nov 12, 2020 | Docket: 18620269

Published

_________________________ pursuant to section 752.001, Florida Statutes. If the minor

V.C.B. and E.G.B. v. Sultan Shakir

145 So. 3d 967, 2014 Fla. App. LEXIS 13445, 2014 WL 4209216

District Court of Appeal of Florida | Filed: Aug 27, 2014 | Docket: 1145910

Published

Beagle was the 1993 amendment to section 752.01, Florida Statutes, which allowed grandparents

G.S. v. T.B.

969 So. 2d 1049, 2007 Fla. App. LEXIS 14239

District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 64853264

Published

720 So.2d 510, 511 (Fla.1998) (holding that section 752.01(l)(a), Florida Statutes (1993), is unconstitutional

Cranney v. Coronado

920 So. 2d 132, 2006 WL 229042

District Court of Appeal of Florida | Filed: Feb 1, 2006 | Docket: 1730628

Published

(holding facially unconstitutional provision of section 752.01(1) relating to visitation where child was born

K.A.S. v. R.E.T.

914 So. 2d 1056, 2005 Fla. App. LEXIS 18762

District Court of Appeal of Florida | Filed: Nov 30, 2005 | Docket: 64840958

Published

Brunetti, 753 So.2d 26 (Fla.2000) (holding section 752.01(1)(d), Florida Statutes (1995), unconstitutional);

Smith v. Koolidge

780 So. 2d 1025, 2001 Fla. App. LEXIS 4048, 2001 WL 313886

District Court of Appeal of Florida | Filed: Mar 28, 2001 | Docket: 64804433

Published

Smith sought grandparent visitation pursuant to section 752.01(l)(d), Florida Statutes (1999),1 stating that

Coryell v. Morris

754 So. 2d 787, 2000 Fla. App. LEXIS 3376, 2000 WL 294424

District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 64796304

Published

739 So.2d 650 (Fla. 2d DCA 1999), holding section 752.01(1)(b) Florida Statutes (1997), unconstitutional

L.B. v. C.A.

738 So. 2d 425, 1999 Fla. App. LEXIS 9071

District Court of Appeal of Florida | Filed: Jul 7, 1999 | Docket: 64789765

Published

736 So.2d 1287 (Fla.1999), we concluded that section 752.01(1)(d), Florida Statutes (1997), authorizing

M.S. v. D.C.

763 So. 2d 1051, 1999 Fla. App. LEXIS 7289, 1999 WL 346123

District Court of Appeal of Florida | Filed: Jun 2, 1999 | Docket: 64799177

Published

the father’s parental rights, for purposes of section 752.01(l)(a), Florida Statutes, is essentially equivalent

Williams v. Bierman

46 F. Supp. 2d 1262, 1999 U.S. Dist. LEXIS 6145, 1999 WL 258264

District Court, M.D. Florida | Filed: Apr 13, 1999 | Docket: 2355900

Published

Williams, petitioned the court under Florida Statute § 752.01 for visitation with their granddaughter Rowan

Coryell v. Morris

730 So. 2d 373, 1999 Fla. App. LEXIS 3849, 1999 WL 162132

District Court of Appeal of Florida | Filed: Mar 26, 1999 | Docket: 64787509

Published

pursuant to section 752.01(1)(a), Florida Statutes (1997).1 He argues that section 752.01(1)(a) is unconstitutional

Ocasio v. McGlothin

719 So. 2d 918, 1998 WL 422793

District Court of Appeal of Florida | Filed: Oct 28, 1998 | Docket: 1351877

Published

court's Von Eiff decision, the majority found section 752.01(1)(a) to be facially constitutional and not

Babb v. Begines

701 So. 2d 616, 1997 Fla. App. LEXIS 12291, 1997 WL 683291

District Court of Appeal of Florida | Filed: Nov 5, 1997 | Docket: 64776773

Published

grandparent’s visitation and other relief, pursuant to section 752.01, Florida Statutes (1995). At that time, the

Von Eiff v. Azicri

667 So. 2d 1007, 1996 Fla. App. LEXIS 1378, 1996 WL 61338

District Court of Appeal of Florida | Filed: Feb 14, 1996 | Docket: 64762239

Published

visitation rights to the maternal grandparents, § 752.01, Fla.Stat. (1993), and remand this cause for an

Brago v. Brago

604 So. 2d 866, 1992 WL 191614

District Court of Appeal of Florida | Filed: Aug 11, 1992 | Docket: 1289830

Published

Kunst v. Kunst, 551 So.2d 522 (Fla. 3d DCA 1989); § 752.01(2), Fla. Stat. (1991). See generally Michael J

Sragowicz v. Sragowicz

603 So. 2d 1323, 1992 Fla. App. LEXIS 8638, 1992 WL 191595

District Court of Appeal of Florida | Filed: Aug 11, 1992 | Docket: 64669399

Published

where a child has been born out of wedlock. Id. § 752.01(f).1 In each of the four enumerated situations

In re Guardianship of Yuen-Chon

531 So. 2d 751, 13 Fla. L. Weekly 2309, 1988 Fla. App. LEXIS 4503, 1988 WL 103922

District Court of Appeal of Florida | Filed: Oct 12, 1988 | Docket: 64637322

Published

Yuen-Chon, to apply for visitation rights under section 752.01, Florida Statutes (1987). AFFIRMED. ANSTEAD