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 bill also changes the requirements for the court's preliminary hearing, stating that the court must determine if the petitioner's claims meet the new criteria rather than focusing on parental unfitness or significant harm to the child. Additionally, the bill introduces a presumption for granting visitation if one parent has been criminally or civilly liable for the death of the other parent, which can only be overcome if it is not in the child's best interest.

Further amendments include the requirement for the court to appoint a guardian ad litem and refer the matter to family mediation if there is prima facie evidence supporting the petition. The court must also consider various factors when assessing the best interests of the child and the potential material harm to the parent-child relationship. The bill establishes 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