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 a showing of parental unfitness or significant harm to the child, have been removed. The bill also establishes that the court must hold a preliminary hearing to determine if the grandparent has made a prima facie case for visitation based on 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 relationship with the child and the circumstances surrounding any previous visitation. The bill also includes provisions for modifying visitation orders and specifies that a grandparent can only file for visitation once every two years, unless there is evidence of significant emotional harm to the child. The act is set to take effect on July 1, 2025.

Statutes affected:
H 121 Filed: 752.011