Posted by Nydia Streets of Streets Law in Florida Child Custody
What rights do grandparents have in Florida for visitation with their grandchildren? Florida provides for limited scenarios in which a grandparent can obtain an order for visitation with a child under Chapter 752 of the Florida Statutes. However, Florida will recognize and enforce orders entered in other states with more liberal visitation rights for grandparents. This was an issue in the case Aluise v. Spanos, 5D2024-3376 (Fla. 5th DCA October 24, 2025).
The biological father of the child at issue in this case passed away. Subsequently, the child’s mother remarried and her new husband adopted the child. The deceased biological father’s mother petitioned for grandparent visitation in Pennsylvania. Subsequently, the parents of the child moved to Florida and a consent order was entered in Pennsylvania which provided for visitation between the grandmother and the child in Tampa, Florida, and video calling among other provisions. The following provision was also included in the order: “None of the parties shall drink to the point of intoxication while the minor child is in their custody. Should any person within the household where the minor child is staying become intoxicated, the custodial party shall remove the intoxicated person or remove the child and exercise their custody elsewhere.”
The Pennsylvania order was eventually domesticated in Florida. Thereafter, the parents filed a petition to modify the order, alleging a substantial change in circumstances which included the grandmother exposing the child to adults consuming alcohol while the child was with the grandmother. The grandmother moved to dismiss the petition, arguing the Florida court lacked jurisdiction to modify a custody order of another state under the Uniform Child Custody Jurisdiction and Enforcement Act. The grandmother’s motion was granted, and the parents appealed.
The appellate court reversed, noting “Parents argue that the Florida court took jurisdiction over the parties and the subject matter with the consent of all parties when it domesticated the Pennsylvania Order and ordered that it ‘retains jurisdiction, and upon application for the enforcement or the modification of this judgment, a party so required shall be and appear before the Court at the time specified by Motion and Notice of Hearing or in an Order of the Court.’ Yet when Parents sought to modify the Pennsylvania Order, the Florida court found it lacked subject matter jurisdiction under section 61.516, Florida Statutes (2024), entitled “Jurisdiction to modify a determination.” The court determined 61.516 did not apply “because jurisdiction transferred to Florida under section 61.515, Florida Statutes (2024).”
Determining the grandmother was not a person “acting as a parent” under the UCCJEA, the appellate court held “In sum, Pennsylvania retained exclusive, continuing jurisdiction until the Florida court determined that the child and Parents presently reside in Florida under section 61.515(1)(b). At that point, jurisdiction transferred to Florida and Parents were entitled to bring a modification petition.” The court concluded “Accordingly, we reverse the trial court’s order denying rehearing, and remand with instructions to the Florida court to vacate its decision to decline its transferred jurisdiction, and to then follow the Florida statutory procedures to address Parents’ Supplemental Petition for Modification of the Final Judgment.”
Nothing in this article can be construed as legal advice. Schedule your consultation with a Miami family law attorney to receive advice specific to the facts of your case.