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Non-parental child custody and child visitation in Florida by Deborah Dye: HOME

This guide provides information regarding primarily non-parental child custody and child visitation in Florida. Specifically the rights grandparents may have concerning the custody and visitation of their grandchildren.

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The information on this site is provided as a service and should not be construed as legal or non-legal advice.  

Users needing legal advice are strongly encouraged to seek the services of a qualified attorney.

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This guide does not create in any way, shape or form an attorney-client relationship. Once again, no attorney-client relationship is formed nor should any such relationship be implied. In addition, any information sent by email through the internet is not confidential and does not create a lawyer-client, advisory, or fiduciary, relationship.

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To Locate Legal Representation In Your Area Contact:  

The Florida Bar Association Lawyer Referral Service at 1-800-342-8060.

Introduction

Introduction

Welcome.  This guide provides information regarding primarily non-parental child custody and child visitation in Florida. Specifically the rights grandparents may have concerning the custody and visitation of their grandchildren.

 

Florida has one of the highest numbers of grandchildren living in grandparent households. In the past, there were few rights given to relative caregivers. Now, these rights are improving.  This libguide will help you in understanding the law and processes involved in Florida child custody and visitation issues, which can be difficult.

 

This pathfinder begins with a basic overview of the subject of non-parental custody by looking at applicable secondary sources, primary sources, statutes and legislative history, current bills, and any forms and pleadings that may be applicable. Additionally, limited information is provided regarding grandparent visitation as the State of Florida does not allow non-parental (grandparents) rights.

Florida Statistics

The Children

476,474 children under age 18 live in homes where the householders are grandparents or other relatives (12% of all the children in the state.) (U.S. 2010 Census)

Of these, 354,716 live with grandparents who are the householders (8.9% of the children in the state) and 121,758 live with other relatives who are the householders (3.1% of the children in the state). (U.S. 2010 Census)

161,689 children live in homes with grandparent householders where grandparents are responsible for them.

Of these children, 59,356 have no parents present in the home.

The Grandparents

150,391 grandparents are the householders and are responsible for their grandchildren living with them. Of these:

47% of the grandparents are White and not Hispanic, 31% are Black/African American, 19% are Hispanic/Latino and may be of any race, and 2% are Asian.

38% have no parents of the children present in the home.

64% are under age 60.

18% live in poverty.

7,586 grandparents in Jacksonville city and 3,205 in Miami city are the householders and are responsible for their grandchildren living with them.

*Data not specifically cited are taken from the U.S. Census Bureau 2005-2009 American Community Survey 5-Year Estimates, Detailed Table B09006 and Subject Tables S1001 and S1002. Additional data on related topics and sub-state areas can be found on the Census Bureau website at http://factfinder.census.gov

 

**http://www.aarp.org/content/dam/aarp/relationships/friends-family/grandfacts/grandfacts-florida.pdf

 

CNN Report

Grandparents Raising Grandchildren

The following sites are for grandparents interested in obtaining information concerning child custody/visitation rights of their grandchildren. 

Chicago Tribune Graph Grandparents Raising Grandchildren

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