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The Florida Statutes

The 1999 Florida Statutes

Title XLIII
DOMESTIC RELATIONS
Chapter 752
Grandparental Visitation Rights
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752.01  Action by grandparent for right of visitation; when petition shall be granted.--

(1)  The court shall, upon petition filed by a grandparent of a minor child, award reasonable rights of visitation to the grandparent with respect to the child when it is in the best interest of the minor child if:

(a)  One or both parents of the child are deceased;

(b)  The marriage of the parents of the child has been dissolved;

(c)  A parent of the child has deserted the child;

(d)  The minor child was born out of wedlock and not later determined to be a child born within wedlock as provided in s. 742.091; or

(e)  The minor is living with both natural parents who are still married to each other whether or not there is a broken relationship between either or both parents of the minor child and the grandparents, and either or both parents have used their parental authority to prohibit a relationship between the minor child and the grandparents.

(2)  In determining the best interest of the minor child, the court shall consider:

(a)  The willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents.

(b)  The length and quality of the prior relationship between the child and the grandparent or grandparents.

(c)  The preference of the child if the child is determined to be of sufficient maturity to express a preference.

(d)  The mental and physical health of the child.

(e)  The mental and physical health of the grandparent or grandparents.

(f)  Such other factors as are necessary in the particular circumstances.

(3)  This act does not provide for grandparental visitation rights for children placed for adoption under chapter 63 except as provided in s. 752.07 with respect to adoption by a stepparent.

History.--s. 1, ch. 84-64; s. 70, ch. 87-226; s. 6, ch. 90-273; s. 1, ch. 93-279.