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. It removes previous stipulations that limited petitions to situations where a child's parents were deceased, missing, or in a persistent vegetative state, or where one parent was unfit due to criminal behavior. Instead, the bill allows a grandparent to petition if the minor child's parents are divorced or if one or both parents are deceased, missing, or in a persistent vegetative state. The bill also establishes that the court must hold a preliminary hearing to determine if the petition meets these new criteria and outlines the circumstances under which a guardian ad litem may be appointed and family mediation must occur.

Additionally, the bill emphasizes the importance of considering the best interests of the child when determining visitation rights. It includes a detailed list of factors the court must assess, such as the emotional ties between the grandparent and the child, the quality of their previous relationship, and any potential harm to the parent-child relationship. The bill also stipulates that a grandparent can only file for visitation once every two years, with exceptions for cases of significant emotional harm to the child. The act is set to take effect on July 1, 2025.

Statutes affected:
S 246 Filed: 752.011