Florida Senate - 2022 CS for CS for SB 1408 By the Committees on Rules; and Judiciary; and Senators Perry, Rouson, and Book 595-03324-22 20221408c2 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 liable for the 27 death of the other parent of the child or civilly liable for an 28 intentional tort causing the death of the other parent of the 29 child, there is a presumption for granting reasonable visitation 30 with the petitioning grandparent or stepgrandparent if he or she 31 is the parent of the childs deceased parent. This presumption 32 may be overcome only if the court finds that granting such 33 visitation is not in the best interests of the child. 34 (5)(4)In assessing the best interests interest of the 35 child under subsection (4) (3), the court shall consider the 36 totality of the circumstances affecting the mental and emotional 37 well-being of the minor child, including: 38 (a)The love, affection, and other emotional ties existing 39 between the minor child and the grandparent, including those 40 resulting from the relationship that had been previously allowed 41 by the childs parent. 42 (b)The length and quality of the previous relationship 43 between the minor child and the grandparent, including the 44 extent to which the grandparent was involved in providing 45 regular care and support for the child. 46 (c)Whether the grandparent established ongoing personal 47 contact with the minor child before the death of the parent, 48 before the onset of the parents persistent vegetative state, or 49 before the parent was missing. 50 (d)The reasons cited by the respondent parent in ending 51 contact or visitation between the minor child and the 52 grandparent. 53 (e)Whether there has been significant and demonstrable 54 mental or emotional harm to the minor child as a result of the 55 disruption in the family unit, whether the child derived support 56 and stability from the grandparent, and whether the continuation 57 of such support and stability is likely to prevent further harm. 58 (f)The existence or threat to the minor child of mental 59 injury as defined in s. 39.01. 60 (g)The present mental, physical, and emotional health of 61 the minor child. 62 (h)The present mental, physical, and emotional health of 63 the grandparent. 64 (i)The recommendations of the minor childs guardian ad 65 litem, if one is appointed. 66 (j)The result of any psychological evaluation of the minor 67 child. 68 (k)The preference of the minor child if the child is 69 determined to be of sufficient maturity to express a preference. 70 (l)A written testamentary statement by the deceased parent 71 regarding visitation with the grandparent. The absence of a 72 testamentary statement is not deemed to provide evidence that 73 the deceased or missing parent or parent in a persistent 74 vegetative state would have objected to the requested 75 visitation. 76 (m)Other factors that the court considers necessary to 77 making its determination. 78 (6)(5)In assessing material harm to the parent-child 79 relationship under subsection (4) (3), the court shall consider 80 the totality of the circumstances affecting the parent-child 81 relationship, including: 82 (a)Whether there have been previous disputes between the 83 grandparent and the parent over childrearing or other matters 84 related to the care and upbringing of the minor child. 85 (b)Whether visitation would materially interfere with or 86 compromise parental authority. 87 (c)Whether visitation can be arranged in a manner that 88 does not materially detract from the parent-child relationship, 89 including the quantity of time available for enjoyment of the 90 parent-child relationship and any other consideration related to 91 disruption of the schedule and routine of the parent and the 92 minor child. 93 (d)Whether visitation is being sought for the primary 94 purpose of continuing or establishing a relationship with the 95 minor child with the intent that the child benefit from the 96 relationship. 97 (e)Whether the requested visitation would expose the minor 98 child to conduct, moral standards, experiences, or other factors 99 that are inconsistent with influences provided by the parent. 100 (f)The nature of the relationship between the childs 101 parent and the grandparent. 102 (g)The reasons cited by the parent in ending contact or 103 visitation between the minor child and the grandparent which was 104 previously allowed by the parent. 105 (h)The psychological toll of visitation disputes on the 106 minor child. 107 (i)Other factors that the court considers necessary in 108 making its determination. 109 Section 2.This act shall take effect July 1, 2022.