Grandparents’ Rights in West Palm Beach

Board-Certified Family Law Representation for Grandparent Visitation & Custody

Florida sets a high bar for grandparents seeking court-ordered contact with their grandchildren. Parental rights carry strong constitutional protection here, which means grandparents don’t have an automatic right to visitation. They must petition the court and meet specific statutory criteria. These cases typically arise during the most difficult family moments: a parent’s death, incapacitation, incarceration, or a child’s removal from the home. Getting the legal strategy right from the start matters.

At John F. Schutz, P.L., family law is all we do. John F. Schutz is Board Certified in Marital and Family Law by The Florida Bar, the highest competency recognition the Bar confers. We serve grandparents throughout Palm Beach County and handle every matter with strict confidentiality. No one from our firm will discuss your situation with the media or anyone outside your case.

If you’re trying to understand your rights as a grandparent in West Palm Beach, call us at (561) 677-2462 to schedule a confidential consultation.

Florida’s Two Statutory Pathways for Grandparent Visitation

Florida law provides two distinct routes a grandparent can pursue, depending on whether the grandchild is under DCF supervision.

Florida Statute 752.011 (Non-Dependent Children)
This statute applies when a child has not been removed from parental custody. A grandparent may petition for visitation when both parents are deceased, missing, or in a persistent vegetative state, or when one parent meets those conditions and the other has been convicted of a qualifying felony or violent offense posing a substantial threat of harm to the child. A parent is considered missing if their whereabouts have been unknown for at least 90 days despite a diligent search. Petitions under this statute may generally be filed only once every two years, unless the grandparent can show good cause that the child is suffering, or may suffer, significant and demonstrable mental or emotional harm.

Florida Statute 39.509 (Dependent Children)
When a grandchild has been adjudicated dependent and removed from parental custody, maternal, paternal, and step-grandparents are entitled to reasonable visitation unless the court finds it isn’t in the child’s best interest or would interfere with the goals of the case plan. This pathway carries a lower threshold than a 752.011 petition because the state has already intervened in the parent-child relationship.

A 2022 Florida law added a significant protection: when one parent has been found criminally liable for the death of the other parent, or civilly liable for an intentional tort causing that death, there is a rebuttable presumption that grandparent visitation is appropriate. That presumption can only be overcome if the court finds visitation isn’t in the child’s best interests. If neither statutory condition is met, Florida courts generally can’t order grandparent visitation regardless of how close the grandparent-grandchild relationship has been.

Custody Options for Grandparents in Palm Beach County

Visitation isn’t the only remedy available. Depending on the circumstances, grandparents may pursue a range of outcomes beyond scheduled contact.

For non-dependent children (not under DCF supervision), options include:

• Temporary custody: Legal decision-making authority for a defined period
• Physical custody: The child lives with the grandparents without a full transfer of legal custody
• Guardianship: Legal custody that continues until the child turns 18 or circumstances change
• Adoption: Permanent legal and physical custody if parental rights have been renounced or terminated by a court

For dependent children (under DCF supervision), available options include court-ordered placement under DCF authority, temporary custody with ongoing caseworker oversight, long-term custody after six months of temporary custody when DCF confirms that returning the child to the parents wouldn’t serve the child’s welfare, and adoption. In all cases, courts weigh factors including the emotional bond between grandparent and grandchild, the length and quality of that relationship, the consistency of prior contact, and the present health and stability of everyone involved.

A Collaborative Approach That Protects Your Family Relationship

Litigation is sometimes unavoidable. But when a grandparent and the child’s parents are still communicating, mediation or collaborative negotiation can resolve visitation disputes without a courtroom battle. Florida Statute 752.015 reflects the state’s own policy preference: families should resolve these differences within the family first, through mediation when that fails, and through contested hearings only as a last resort. When grandparent visitation arises during a divorce or custody matter, parenting plans negotiated during those proceedings can include voluntary visitation provisions for grandparents. This proactive route, available to divorcing parents who want to preserve family relationships, doesn’t require meeting the strict statutory threshold of Florida Statute 752.011. Engaging counsel early, before a family crisis reaches the courthouse, may open options that litigation alone can’t.

John F. Schutz is one of only 77 Fellows of the American Academy of Matrimonial Lawyers in Florida, representing roughly 0.02% of the state’s family law attorneys. He is also a recognized Collaborative Divorce Practitioner through the International Academy of Collaborative Professionals, a credential requiring over 57 hours of training in collaborative practice, conflict resolution, and mediation. He has been selected as a Super Lawyer for 14 consecutive years. We encourage every prospective client to consult other family law attorneys before making a decision. Our goal is informed clients, not pressure-based retention.

Schedule a Confidential Consultation

Grandparents’ rights cases in West Palm Beach are legally complex and emotionally significant. The right first step is understanding exactly where you stand under Florida law. We offer confidential consultations, including virtual meetings, so you can get a clear picture of your options without delay.

To discuss your situation in a confidential setting, call John F. Schutz, P.L. at (561) 677-2462.