In short: In Richardson v. Richardson, 766 So. 2d 1036 (Fla. 2000), grandparents won custody of a granddaughter under a statute that put them on equal footing with parents. The Florida Supreme Court held the statute unconstitutional under Florida’s privacy clause, because a fit parent cannot lose custody on a bare best-interests finding. This was a custody case, not a visitation case.
The Facts
The parents divorced in 1994. The mother got custody of the daughter, and the father got visitation.
From 1992 to 1996 the child often lived with her paternal grandparents.
In December 1996 the mother took the child to North Carolina and did not return her.
The grandparents petitioned for custody under § 61.13(7), which let grandparents with whom a child lived in a stable relationship be treated like parents. The father supported them, and the trial court awarded them custody.
The First DCA reversed and held the statute unconstitutional.
The Decision
The Florida Supreme Court affirmed (Case No. SC94810, Aug. 17, 2000; per curiam).
The statute was facially unconstitutional under Article I, § 23 of the Florida Constitution because it allowed custody to be taken from a fit parent without any showing of harm to the child.
Custody intrudes on parental rights more than visitation, and the Court had already struck grandparent visitation statutes in Beagle and Von Eiff.
The Court refused to save the statute by reading in a harm requirement and rejected the argument that the mother had abandoned her rights.
The Law
Current law (2026): § 61.13 no longer has a grandparent-custody provision. Grandparent visitation is governed by § 752.011, which allows a petition only in narrow situations, such as when both parents are deceased, missing or in a persistent vegetative state, or one is and the other has a qualifying felony conviction, and it requires a prima facie showing of unfitness or significant harm.
Grandparent custody today usually goes through chapter 751 (custody by extended family) or chapter 39 dependency.
Lessons
- Florida strongly protects a fit parent’s right to raise a child without grandparent interference.
- Grandparents caring for grandchildren should get legal authority in writing, such as chapter 751 custody or a power of attorney, rather than rely on informal arrangements.
- In estate planning, parents can name guardians for minor children in a will or designation.
- Video note: the case was about custody and privacy, not a child’s right to visitation.
Source: Opinion, Richardson v. Richardson, 766 So. 2d 1036 (Fla. 2000)
Watch the Oral Argument
This is the recording of the Florida Supreme Court oral argument. The video title frames it as a visitation case; the Court decided a custody statute under the privacy clause. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Do Children Have a Constitutional Right to See Their Grandparents? | Richardson v. Richardson
Go Deeper
- Does a Revocable Trust’s Trustee Owe Anything to Contingent Heirs? (Capo v. Capo)
- Purge Paid, But Homestead Still Ordered Sold for Child Support? (Pacin v. Granja)
- Can an Irrevocable Trust Be Ended If the Settlor and Beneficiaries Agree? (Peck v. Peck)
Frequently Asked Questions
Do grandparents have custody rights in Florida?
Not on equal footing with a fit parent. Richardson struck that statute. Extended-family custody is possible under chapter 751 in limited circumstances.
Can Florida grandparents get court-ordered visitation?
Only in narrow situations under § 752.011, with a showing of parental unfitness or significant harm.
What does the Florida privacy clause have to do with custody?
Article I, § 23 protects parents’ right to raise their children free from unwarranted government intrusion.
How can parents choose who cares for their children if they die?
By naming a guardian in a will or a written designation of preneed guardian.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate, trust, guardianship and elder-exploitation disputes from St. Petersburg. If you need a probate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
