Florida Senate - 2022 CS for SB 1408 By the Committee on Judiciary; and Senators Perry and Rouson 590-02248-22 20221408c1 1 A bill to be entitled 2 An act relating to grandparent visitation rights; 3 amending s. 752.011, F.S.; creating a presumption for 4 maternal or paternal grandparent or stepgrandparent 5 visitation of a child under certain circumstances; 6 providing a burden for overcoming such presumption; 7 providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1.Present subsections (2) through (11) of section 12 752.011, Florida Statutes, are redesignated as subsections (3) 13 through (12), respectively, a new subsection (2) is added to 14 that section, and present subsections (4) and (5) of that 15 section are amended, to read: 16 752.011Petition for grandparent visitation with a minor 17 child.A grandparent of a minor child whose parents are 18 deceased, missing, or in a persistent vegetative state, or whose 19 one parent is deceased, missing, or in a persistent vegetative 20 state and whose other parent has been convicted of a felony or 21 an offense of violence evincing behavior that poses a 22 substantial threat of harm to the minor childs health or 23 welfare, may petition the court for court-ordered visitation 24 with the grandchild under this section. 25 (2)Notwithstanding subsection (1), if the court finds that 26 one parent of a child has been held criminally or civilly liable 27 for the death of the other parent of the child, there is a 28 presumption for granting reasonable visitation with the 29 petitioning grandparent or stepgrandparent if he or she is the 30 parent of the childs deceased parent. This presumption may be 31 overcome only if the court finds that granting such visitation 32 is not in the best interests of the child. 33 (5)(4)In assessing the best interests interest of the 34 child under subsection (4) (3), the court shall consider the 35 totality of the circumstances affecting the mental and emotional 36 well-being of the minor child, including: 37 (a)The love, affection, and other emotional ties existing 38 between the minor child and the grandparent, including those 39 resulting from the relationship that had been previously allowed 40 by the childs parent. 41 (b)The length and quality of the previous relationship 42 between the minor child and the grandparent, including the 43 extent to which the grandparent was involved in providing 44 regular care and support for the child. 45 (c)Whether the grandparent established ongoing personal 46 contact with the minor child before the death of the parent, 47 before the onset of the parents persistent vegetative state, or 48 before the parent was missing. 49 (d)The reasons cited by the respondent parent in ending 50 contact or visitation between the minor child and the 51 grandparent. 52 (e)Whether there has been significant and demonstrable 53 mental or emotional harm to the minor child as a result of the 54 disruption in the family unit, whether the child derived support 55 and stability from the grandparent, and whether the continuation 56 of such support and stability is likely to prevent further harm. 57 (f)The existence or threat to the minor child of mental 58 injury as defined in s. 39.01. 59 (g)The present mental, physical, and emotional health of 60 the minor child. 61 (h)The present mental, physical, and emotional health of 62 the grandparent. 63 (i)The recommendations of the minor childs guardian ad 64 litem, if one is appointed. 65 (j)The result of any psychological evaluation of the minor 66 child. 67 (k)The preference of the minor child if the child is 68 determined to be of sufficient maturity to express a preference. 69 (l)A written testamentary statement by the deceased parent 70 regarding visitation with the grandparent. The absence of a 71 testamentary statement is not deemed to provide evidence that 72 the deceased or missing parent or parent in a persistent 73 vegetative state would have objected to the requested 74 visitation. 75 (m)Other factors that the court considers necessary to 76 making its determination. 77 (6)(5)In assessing material harm to the parent-child 78 relationship under subsection (4) (3), the court shall consider 79 the totality of the circumstances affecting the parent-child 80 relationship, including: 81 (a)Whether there have been previous disputes between the 82 grandparent and the parent over childrearing or other matters 83 related to the care and upbringing of the minor child. 84 (b)Whether visitation would materially interfere with or 85 compromise parental authority. 86 (c)Whether visitation can be arranged in a manner that 87 does not materially detract from the parent-child relationship, 88 including the quantity of time available for enjoyment of the 89 parent-child relationship and any other consideration related to 90 disruption of the schedule and routine of the parent and the 91 minor child. 92 (d)Whether visitation is being sought for the primary 93 purpose of continuing or establishing a relationship with the 94 minor child with the intent that the child benefit from the 95 relationship. 96 (e)Whether the requested visitation would expose the minor 97 child to conduct, moral standards, experiences, or other factors 98 that are inconsistent with influences provided by the parent. 99 (f)The nature of the relationship between the childs 100 parent and the grandparent. 101 (g)The reasons cited by the parent in ending contact or 102 visitation between the minor child and the grandparent which was 103 previously allowed by the parent. 104 (h)The psychological toll of visitation disputes on the 105 minor child. 106 (i)Other factors that the court considers necessary in 107 making its determination. 108 Section 2.This act shall take effect July 1, 2022.