F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 859 2024
1 A bill to be entitled
2 An act relating to grandparent visitation; amending s.
3 752.011, F.S.; revising the criteria required for the
4 grandparent of a minor child to petition the court for
5 grandparent visitation; conforming provisions to
6 changes made by the act; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 752.011, Florida Statutes, is amended
11 to read:
12 752.011 Petition for grandparent visitation with a minor
13 child.—A grandparent of a minor child whose parents are
14 deceased, missing, or in a persistent vegetative state, or whose
15 one parent is deceased, missing, or in a persistent vegetative
16 state and whose other parent has been convicted of a felony or
17 an offense of violence evincing behavior that poses a
18 substantial threat of harm to the minor child's health or
19 welfare, may petition the court for court-ordered visitation
20 with the grandchild under this section if one or both of the
21 minor child's parents are deceased, missing, or in a persistent
22 vegetative state.
23 (1) Upon the filing of a petition by a grandparent for
24 visitation, the court shall hold a preliminary hearing to
25 determine whether the petitioner has made a prima facie showing
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26 that one or both of the minor child's parents are deceased,
27 missing, or in a persistent vegetative state of parental
28 unfitness or significant harm to the child. Absent such a
29 showing, the court shall dismiss the petition and may award
30 reasonable attorney fees and costs to be paid by the petitioner
31 to the respondent.
32 (2) Notwithstanding subsection (1), if the court finds
33 that one parent of a child has been held criminally liable for
34 the death of the other parent of the child or civilly li able for
35 an intentional tort causing the death of the other parent of the
36 child, there is a presumption for granting reasonable visitation
37 with the petitioning grandparent or stepgrandparent if he or she
38 is the parent of the child's deceased parent. This presumption
39 may only be overcome if the court finds that granting such
40 visitation is not in the best interests of the child.
41 (2)(3) If the court finds that there is prima facie
42 evidence that one of the minor child's parents is deceased,
43 missing, or in a vegetative state a parent is unfit or that
44 there is significant harm to the child, the court may appoint a
45 guardian ad litem and must shall refer the matter to family
46 mediation as provided in s. 752.015. If family mediation does
47 not successfully resolve the issue of grandparent visitation,
48 the court shall proceed with a final hearing.
49 (3)(4) After conducting a final hearing on the issue of
50 visitation, the court may award reasonable visitation to the
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51 grandparent with respect to the minor child if the court finds
52 by clear and convincing evidence that one or both of the minor
53 child's parents are deceased, missing, or in a persistent
54 vegetative state a parent is unfit or that there is significant
55 harm to the child, that visitation is in the best interest of
56 the minor child, and that the visitation will not materially
57 harm the parent-child relationship, if one exists.
58 (4)(5) In assessing the best interests of the child under
59 subsection (3)(4), the court shall consider the totality of the
60 circumstances affecting the mental and emotional well-being of
61 the minor child, including:
62 (a) The love, affection, and other emotional ties existing
63 between the minor child and the grandparent, including those
64 resulting from the relationship that had been previously allowed
65 by the child's parent.
66 (b) The length and quality of the previous relationship
67 between the minor child and the grandparent, including the
68 extent to which the grandparent was involved in providing
69 regular care and support for the child.
70 (c) Whether the grandparent established ongoing personal
71 contact with the minor child before the death of the parent,
72 before the onset of the parent's persistent vegetative state, or
73 before the parent was missing.
74 (d) The reasons cited by the respondent parent in ending
75 contact or visitation between the minor child and the
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76 grandparent.
77 (e) Whether there has been significant and demonstrable
78 mental or emotional harm to the minor child as a result of the
79 disruption in the family unit, whether the child derived support
80 and stability from the grandparent, and whether the continuation
81 of such support and stability is likely to prevent further harm.
82 (f) The existence or threat to the minor child of mental
83 injury as defined in s. 39.01.
84 (g) The present mental, physical, and emotional health of
85 the minor child.
86 (h) The present mental, physical, and emotional health of
87 the grandparent.
88 (i) The recommendations of the minor child's guardian ad
89 litem, if one is appointed.
90 (j) The result of any psychological evaluation of th e
91 minor child.
92 (k) The preference of the minor child if the child is
93 determined to be of sufficient maturity to express a preference.
94 (l) A written testamentary statement by the deceased
95 parent regarding visitation with the grandparent. The absence of
96 a testamentary statement is not deemed to provide evidence that
97 the deceased or missing parent or parent in a persistent
98 vegetative state would have objected to the requested
99 visitation.
100 (m) Other factors that the court considers necessary to
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101 making its determination.
102 (5)(6) In assessing material harm to the parent-child
103 relationship under subsection (3)(4), the court shall consider
104 the totality of the circumstances affecting the parent-child
105 relationship, including:
106 (a) Whether there have been previous disputes between the
107 grandparent and the parent over childrearing or other matters
108 related to the care and upbringing of the minor child.
109 (b) Whether visitation would materially interfere with or
110 compromise parental authority.
111 (c) Whether visitation can be arranged in a manner that
112 does not materially detract from the parent-child relationship,
113 including the quantity of time available for enjoyment of the
114 parent-child relationship and any other consideration related to
115 disruption of the schedule and routine of the parent and the
116 minor child.
117 (d) Whether visitation is being sought for the primary
118 purpose of continuing or establishing a relationship with the
119 minor child with the intent that the child benefit from the
120 relationship.
121 (e) Whether the requested visitation would expose the
122 minor child to conduct, moral standards, experiences, or other
123 factors that are inconsistent with influences provided by the
124 parent.
125 (f) The nature of the relationship between the child's
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126 parent and the grandparent.
127 (g) The reasons cited by the parent in ending contact or
128 visitation between the minor child and the grandparent which was
129 previously allowed by the parent.
130 (h) The psychological toll of visitation disputes on the
131 minor child.
132 (i) Other factors that the court considers necessary in
133 making its determination.
134 (6)(7) Part II of chapter 61 applies to actions brought
135 under this section.
136 (7)(8) If actions under this section and s. 61.13 are
137 pending concurrently, the courts are strongly encouraged to
138 consolidate the actions in order to minimize the burden of
139 litigation on the minor child and the other parties.
140 (8)(9) An order for grandparent visitation may be modified
141 upon a showing by the person petitioning for modification that a
142 substantial change in circumstances has occurred and that
143 modification of visitation is in the best interest of the minor
144 child.
145 (9)(10) An original action requesting visitation under
146 this section may be filed by a grandparent only once during any
147 2-year period, except on good cause shown that the minor child
148 is suffering, or may suffer, significant and demonstrable mental
149 or emotional harm caused by a parental decision to deny
150 visitation between a minor child and the grandparent, which was
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151 not known to the grandparent at the time of filing an earlier
152 action.
153 (10)(11) This section does not provide for grandparent
154 visitation with a minor child placed for adoption under chapter
155 63 except as provided in s. 752.071 with respect to adoption by
156 a stepparent or close relative.
157 (11)(12) Venue shall be in the county where the minor
158 child primarily resides, unless venue is otherwise governed by
159 chapter 39, chapter 61, or chapter 63.
160 Section 2. This act shall take effect July 1, 2024.
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Statutes affected:
H 859 Filed: 752.011