The bill amends Section 752.011 of the Florida Statutes to revise the criteria under which a grandparent can petition for visitation with a minor child. The new language allows a grandparent to petition for visitation if the minor child's parents are divorced or if one or both parents are deceased, missing, or in a persistent vegetative state. The previous criteria, which required specific conditions regarding parental unfitness or significant harm to the child, have been removed. The bill also establishes that upon filing a petition, the court must hold a preliminary hearing to determine if the grandparent has made a prima facie showing of the new criteria.

Additionally, the bill outlines the factors the court must consider when assessing the best interests of the child and the potential material harm to the parent-child relationship. It emphasizes the importance of the grandparent's previous relationship with the child and the emotional well-being of all parties involved. The bill also includes provisions for modifying visitation orders and limits the ability of grandparents to file for visitation to once every two years, unless there is evidence of significant harm to the child. The act is set to take effect on July 1, 2025.

Statutes affected:
H 121 Filed: 752.011