Florida Senator Danny Burgess (R-23) has introduced SB 124, a bill aimed at expanding and clarifying the rights of grandparents to petition courts for visitation with their minor grandchildren under specific circumstances. If passed, the proposed legislation would take effect on July 1, 2025.
The bill seeks to address the often complex dynamics of family relationships and ensure the well-being of children by preserving meaningful connections with grandparents.
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The bill amends Florida Statute 752.011 to allow grandparents to seek court-ordered visitation rights in various situations, including:
- Circumstances of Parental Absence: Grandparents may petition for visitation if one or both parents are deceased, missing, or in a persistent vegetative state.
- Parental Convictions: If one parent is in the aforementioned state and the other parent has been convicted of a felony or an offense of violence that poses a substantial threat to the child’s health or welfare, grandparents may petition for visitation.
- Household History and Harm to Child: Grandparents may also petition if:
- The child lived in the same household as the grandparent for at least six months in the year prior to the parent’s absence.
- The child did not reside with the remaining parent during that time.
- Severing the grandparent-grandchild relationship would pose a significant threat to the child’s physical, mental, or emotional well-being.
The bill establishes a clear legal process for grandparents to petition for visitation. Courts are required to conduct preliminary hearings to determine whether the petition demonstrates prima facie evidence of parental unfitness or significant harm to the child.
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If such evidence is found, the court may appoint a guardian ad litem and refer the case to family mediation. Should mediation fail, the court will proceed to a final hearing.
For visitation to be granted, grandparents must provide clear and convincing evidence that the visitation is in the child’s best interests and that it will not harm the parent-child relationship.
To determine the best interests of the child, the court will evaluate a range of factors, including:
- The emotional ties between the child and the grandparent.
- The child’s mental and emotional health.
- The reasons for any prior termination of contact.
- The potential psychological impact of visitation disputes on the child.
- Recommendations from appointed guardians or psychological evaluations.
The bill also clarifies the impact of adoption by stepparents or close relatives on existing grandparent visitation orders, allowing such orders to be revisited or terminated if necessary. Additionally, it emphasizes mediation as a key step in resolving visitation disputes, reflecting the state’s preference for family-based solutions.
SB 124 is expected to generate discussion among lawmakers, legal experts, and family advocates as it moves through the legislative process. If passed, the bill would provide a clearer and more comprehensive framework for resolving grandparent visitation disputes, ensuring that the well-being of children remains at the forefront of family law in Florida.
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