Florida law starts from a hard premise: a fit parent has a constitutional right to decide who their child spends time with. That right makes grandparent visitation narrow — and non-parent visitation, in most cases, simply unavailable. This guide explains the few doors the law leaves open, what each one actually requires, and where the honest answer is "this won't be granted."
The constitutional backdrop
Florida's constitution contains an express right to privacy that the state's courts have read to protect a fit parent's decisions about their child — including who the child sees. For decades, Florida appellate courts struck down broader grandparent-visitation laws as unconstitutional intrusions on that right. The statute that survives today, §752.011, is the Legislature's deliberately narrow response: it opens the courthouse door only in situations of death, disappearance, medical incapacity, or proven danger to the child.
Recent attempt to expand — and why it matters. In 2025, lawmakers filed bills (SB 246 and companions) to let grandparents petition when the parents simply divorce. Those bills died in committee in June 2025. If you read an older guide suggesting divorce alone opens the door, it is describing a law that never took effect.
Standing
Before a court will even hear a grandparent's request, the grandparent must fall within one of the statute's threshold situations. If none applies, the petition is dismissed — and the court may order the grandparent to pay the parent's attorney fees. (§752.011)
Both of the child's parents are deceased, missing, or in a persistent vegetative state.
One parent is deceased, missing, or in a persistent vegetative state, and the other parent has been convicted of a felony or an offense of violence showing behavior that poses a substantial threat of harm to the child's health or welfare.
If one parent is held criminally liable for killing the other parent (or civilly liable for an intentional tort causing that death), there is a presumption favoring visitation for the deceased parent's mother or father — rebuttable only if visitation is not in the child's best interests.
If the child is adopted, grandparent-visitation rights generally end — except in a stepparent or close-relative adoption, where a prior order may continue if the §752.011 criteria still hold.
If a gateway applies
Having standing is only the beginning. The statute layers several screens before any visitation is ordered:
The grandparent must make a prima facie showing of parental unfitness or significant harm to the child. Without it, the court dismisses the petition (and may award the parent's fees). §752.011(1)
If that showing is made, the court may appoint a guardian ad litem and must refer the family to mediation. §§752.011(3), 752.015
If mediation fails, the court holds a final hearing and may order visitation only on clear and convincing evidence that (a) a parent is unfit or the child faces significant harm, (b) visitation is in the child's best interests, and (c) it will not materially harm the parent-child relationship. §752.011(4)
The court weighs the whole relationship — emotional ties, the history of contact, the child's adjustment, and more — and any order is tailored and reviewable. A grandparent generally cannot re-file repeatedly to relitigate the same issue.
Even families who clearly have standing face a demanding, multi-stage process built to protect parental authority. This is one of the areas where, if your situation is contested, talking to a Florida family-law attorney early is the most useful step you can take. We can prepare the petition and supporting documents at your direction — but the courtroom judgment calls belong with a lawyer.
Beyond grandparents
Aunts, uncles, adult siblings, stepparents who never adopted, godparents, and close family friends often have deep bonds with a child. Florida law, however, gives them no independent right to visitation. Florida courts have repeatedly held that a contract or promise giving a non-parent visitation is unenforceable. The practical paths are different remedies entirely:
| What the non-parent wants | What Florida actually offers | Authority |
|---|---|---|
| Court-ordered visitation with the child | Generally not available to non-grandparents. No statute creates the right; private agreements aren't enforceable. | Florida case law |
| To care for a child a parent has left in their home | Temporary or concurrent custody by an extended family member — a custody remedy, not visitation, available to a relative (sibling, grandparent, aunt, uncle, cousin) or a relative-like caregiver. | Chapter 751 |
| To keep a relationship after a parent's death/incapacity (grandparents) | The narrow §752.011 gateways described above. | §752.011 |
A common misread. Chapter 751 does mention "visitation" — but that is visitation granted back to the parents once a relative has temporary custody, not a visitation right for the relative. Chapter 751 is about custody when a child has been left in a relative's care, not about a non-parent's right to see a child over a parent's objection.
Check your situation
Use the companion screener to see which part of §752.011 your situation appears to relate to. It is general information, not legal advice — it does not tell you whether a court will grant visitation, and it cannot weigh the facts a judge must weigh.
Answer a few questions to find out which gateway (if any) applies to your facts.
Open the Eligibility Screener →Common questions
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Not legal advice. JusticeXpress Florida is a non-attorney legal document preparation and self-help service. We provide general published legal information and prepare documents at your direction. We are not a law firm, cannot represent you in court, and cannot advise you about your legal rights or select forms for you. Statutes change and individual facts vary — verify current law at flsenate.gov and consult a licensed Florida attorney for advice about your situation. Citations current to §752.011, Fla. Stat. (2024 text; 2025 expansion bills did not become law).