Hoffman, Larin & Agnetti | Protecting Florida Families for Over 40 Years
At Hoffman, Larin & Agnetti, we’ve guided Florida families through custody and visitation matters for over four decades—and we’ve seen how emotionally charged grandparent visitation cases can be. In Florida, the law continues to prioritize a parent’s constitutional right to decide who can have contact with their child. But in recent years, some judges have begun to take a closer look at certain grandparent petitions in extreme circumstances.
If you’re a grandparent concerned about your relationship with a grandchild—or a parent facing a request for visitation—it’s important to understand what the law allows and what Florida courts are increasingly considering.
What Florida Law Says About Grandparent Visitation
Florida law does not grant grandparents broad visitation rights. In fact, the state continues to strongly protect parental authority. However, a grandparent may file a petition for visitation in very limited circumstances:
- Both parents are deceased, missing, or in a persistent vegetative state
- One parent is deceased, incapacitated, or missing, and the surviving parent has been convicted of a violent felony or a serious offense that poses a substantial risk to the child
- One parent has been found legally responsible (criminally or civilly) for the death of the other parent
In the last few years, Florida courts have shown greater openness to these cases when the facts clearly indicate harm to the child or a breakdown in family structure that warrants judicial intervention.
What the Process Looks Like
When a grandparent files a petition under one of the qualifying scenarios, the court will hold an initial hearing to determine if:
- There is a preliminary showing of significant harm to the child if visitation is denied
- Or if one parent is unfit to make decisions regarding contact with the grandparent
If this standard isn’t met, the court will dismiss the case—and the grandparent may even be required to pay the parents’ legal fees. If the case proceeds, the grandparent must prove by clear and convincing evidence that:
- Visitation is necessary for the child’s well-being
- The time-sharing arrangement will not interfere with the parent-child relationship
This can be a high legal threshold—one that reflects Florida’s ongoing commitment to protecting parental rights.
What’s Changing in 2026
While the law hasn’t dramatically changed, some Florida judges are showing increased willingness to hear grandparent visitation cases—especially where:
- A parent is incarcerated or absent long-term
- One parent has passed away, and the surviving parent has severed contact with the extended family
- The child previously had a close and ongoing relationship with the grandparent
These shifts don’t guarantee outcomes, but they do signal that courts may be more responsive when the facts clearly show emotional harm or instability in the child’s life.
Why Early Legal Advice Matters
If you’re a grandparent seeking visitation or a parent defending your right to control access to your child, the legal standard is high—and the emotional stakes are even higher. At Hoffman, Larin & Agnetti, we’ve handled these sensitive family law matters for over 40 years. We help families:
- Evaluate whether a visitation petition has legal merit
- Strategically present or defend against claims of emotional harm
- Protect and preserve essential family relationships
Take the Next Step
These cases are never easy, and they’re never one-size-fits-all. Let our experienced legal team help you understand your rights and options.
Call 305-653-5555, Text is at 305-653-1515 or email [email protected] for a confidential consultation.
Hoffman, Larin & Agnetti — Trusted. Experienced. Results-driven.
Proudly serving clients in Miami-Dade, Broward, and the Florida Keys.
