Florida 2025 Regular Session

Florida House Bill H0607 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to grandparent visitation rights; 2
16	16	amending s. 752.011, F.S.; authorizing a grandparent 3
17	17	of a minor child to petition a court for court -ordered 4
18	18	visitation with the child in certain circumstances; 5
19	19	making technical changes; reenacting ss. 752.015 and 6
20	20	752.071, F.S., relating to mediation of visitation 7
21	21	disputes and the effect of adoption by a stepparent or 8
22	22	close relative, respectively, to incorporate the 9
23	23	amendments made to s. 752.011, F.S., in references 10
24	24	thereto; providing an effective date. 11
25	25	12
26	26	Be It Enacted by the Legislature of the State of Florida: 13
27	27	14
28	28	Section 1. Section 752.011, Florida Statutes, is amended 15
29	29	to read: 16
30	30	752.011 Petition for gran dparent visitation with a minor 17
31	31	child.— 18
32	32	(1)(a) A grandparent of a minor child whose parents are 19
33	33	deceased, missing, or in a persistent vegetative state may 20
34	34	petition the court for court -ordered visitation with the child 21
35	35	under this section., or 22
36	36	(b) A grandparent of a minor child whose one parent is 23
37	37	deceased, missing, or in a persistent vegetative state and whose 24
38	38	other parent has been convicted of a felony or an offense of 25
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40	40	HB 607 2025
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45	45	hb607-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	violence evincing behavior that poses a substantial threat of 26
52	52	harm to the minor child 's health or welfare , may petition the 27
53	53	court for court-ordered visitation with the child grandchild 28
54	54	under this section. 29
55	55	(c) A grandparent of a minor child whose one parent is 30
56	56	deceased, missing, or in a persistent vegetative state may 31
57	57	petition the court f or court-ordered visitation with the child 32
58	58	under this section if: 33
59	59	1. The child resided in the same household as the 34
60	60	grandparent for at least 6 months during the 12 -month period 35
61	61	immediately preceding the parent's death, disappearance, or 36
62	62	persistent vegetative state; 37
63	63	2. The child did not live in the same household as the 38
64	64	other parent for at least 6 months during that preceding 12 -39
65	65	month period; and 40
66	66	3. Eliminating the child's contact with the grandparent 41
67	67	would pose a substantial threat of harm to the phys ical, mental, 42
68	68	or emotional well-being of the child. 43
69	69	(2)(1) Upon the filing of a petition by a grandparent for 44
70	70	visitation, the court shall hold a preliminary hearing to 45
71	71	determine whether the petitioner has made a prima facie showing 46
72	72	of parental unfitness or significant harm to the child. Absent 47
73	73	such a showing, the court shall dismiss the petition and may 48
74	74	award reasonable attorney fees and costs to be paid by the 49
75	75	petitioner to the respondent. 50
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77	77	HB 607 2025
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	(3)(2) Notwithstanding subsection (2) (1), if the court 51
89	89	finds that one parent of a child has been held criminally liable 52
90	90	for the death of the other parent of the child or civilly liable 53
91	91	for an intentional tort causing the death of the other parent of 54
92	92	the child, there is a presumption for granting reasonable 55
93	93	visitation with the petitioning grandparent or stepgrandparent 56
94	94	if he or she is the parent of the child's deceased parent. This 57
95	95	presumption may only be overcome if the court finds that 58
96	96	granting such visitation is not in the best interests of the 59
97	97	child. 60
98	98	(4)(3) If the court finds that there is prima facie 61
99	99	evidence that a parent is unfit or that there is significant 62
100	100	harm to the child, the court may appoint a guardian ad litem and 63
101	101	must shall refer the matter to family mediation as provided in 64
102	102	s. 752.015. If family media tion does not successfully resolve 65
103	103	the issue of grandparent visitation, the court must shall 66
104	104	proceed with a final hearing. 67
105	105	(5)(4) After conducting a final hearing on the issue of 68
106	106	visitation, the court may award reasonable visitation to the 69
107	107	grandparent with respect to the minor child if the court finds 70
108	108	by clear and convincing evidence that a parent is unfit or that 71
109	109	there is significant harm to the child, that visitation is in 72
110	110	the best interests interest of the minor child, and that the 73
111	111	visitation will not materially harm the parent -child 74
112	112	relationship. 75
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125	125	(6)(5) In assessing the best interests of the child under 76
126	126	subsection (5) (4), the court shall consider the totality of the 77
127	127	circumstances affecting the mental and emotional well -being of 78
128	128	the minor child, including: 79
129	129	(a) The love, affection, and other emotional ties existing 80
130	130	between the minor child and the grandparent, including those 81
131	131	resulting from the relationship that had been previously allowed 82
132	132	by the child's parent. 83
133	133	(b) The length and quality of the previous relationship 84
134	134	between the minor child and the grandparent, including the 85
135	135	extent to which the grandparent was involved in providing 86
136	136	regular care and support for the child. 87
137	137	(c) Whether the grandparent established ongoing personal 88
138	138	contact with the minor child before the death of the parent, 89
139	139	before the onset of the parent's persistent vegetative state, or 90
140	140	before the parent was missing. 91
141	141	(d) The reasons cited by the respondent parent in ending 92
142	142	contact or visitation between the minor child and the 93
143	143	grandparent. 94
144	144	(e) Whether there has been significant and demonstrable 95
145	145	mental or emotional harm to the minor child as a result of the 96
146	146	disruption in the family unit, whether the child derived support 97
147	147	and stability from the grandparent, and whether the continua tion 98
148	148	of such support and stability is likely to prevent further harm. 99
149	149	(f) The existence or threat to the minor child of mental 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	injury as defined in s. 39.01. 101
163	163	(g) The present mental, physical, and emotional health of 102
164	164	the minor child. 103
165	165	(h) The present mental, physical, and emotional health of 104
166	166	the grandparent. 105
167	167	(i) The recommendations of the minor child's guardian ad 106
168	168	litem, if one is appointed. 107
169	169	(j) The result of any psychological evaluation of the 108
170	170	minor child. 109
171	171	(k) The preference of the minor child if the child is 110
172	172	determined to be of sufficient maturity to express a preference. 111
173	173	(l) A written testamentary statement by the deceased 112
174	174	parent regarding visitation with the grandparent. The absence of 113
175	175	a testamentary statement is not deemed to provide evidenc e that 114
176	176	the deceased or missing parent or parent in a persistent 115
177	177	vegetative state would have objected to the requested 116
178	178	visitation. 117
179	179	(m) Other factors that the court considers necessary to 118
180	180	making its determination. 119
181	181	(7)(6) In assessing material harm to the parent-child 120
182	182	relationship under subsection (5) (4), the court shall consider 121
183	183	the totality of the circumstances affecting the parent -child 122
184	184	relationship, including: 123
185	185	(a) Whether there have been previous disputes between the 124
186	186	grandparent and the parent over childrearing or other matters 125
187	187
188	188	HB 607 2025
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	related to the care and upbringing of the minor child. 126
200	200	(b) Whether visitation would materially interfere with or 127
201	201	compromise parental authority. 128
202	202	(c) Whether visitation can be arranged in a manner that 129
203	203	does not materially de tract from the parent -child relationship, 130
204	204	including the quantity of time available for enjoyment of the 131
205	205	parent-child relationship and any other consideration related to 132
206	206	disruption of the schedule and routine of the parent and the 133
207	207	minor child. 134
208	208	(d) Whether visitation is being sought for the primary 135
209	209	purpose of continuing or establishing a relationship with the 136
210	210	minor child with the intent that the child benefit from the 137
211	211	relationship. 138
212	212	(e) Whether the requested visitation would expose the 139
213	213	minor child to condu ct, moral standards, experiences, or other 140
214	214	factors that are inconsistent with influences provided by the 141
215	215	parent. 142
216	216	(f) The nature of the relationship between the child's 143
217	217	parent and the grandparent. 144
218	218	(g) The reasons cited by the parent in ending contact or 145
219	219	visitation between the minor child and the grandparent which was 146
220	220	previously allowed by the parent. 147
221	221	(h) The psychological toll of visitation disputes on the 148
222	222	minor child. 149
223	223	(i) Other factors that the court considers necessary in 150
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225	225	HB 607 2025
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	making its determination. 151
237	237	(8)(7) Part II of chapter 61 applies to actions brought 152
238	238	under this section. 153
239	239	(9)(8) If actions under this section and s. 61.13 are 154
240	240	pending concurrently, the courts are strongly encouraged to 155
241	241	consolidate the actions in order to minimize the burden of 156
242	242	litigation on the minor child and the other parties. 157
243	243	(10)(9) An order for grandparent visitation may be 158
244	244	modified upon a showing by the person petitioning for 159
245	245	modification that a substantial change in circumstances has 160
246	246	occurred and that modification of visit ation is in the best 161
247	247	interests interest of the minor child. 162
248	248	(11)(10) An original action requesting visitation under 163
249	249	this section may be filed by a grandparent only once during any 164
250	250	2-year period, except on good cause shown that the minor child 165
251	251	is suffering, or may suffer, significant and demonstrable mental 166
252	252	or emotional harm caused by a parental decision to deny 167
253	253	visitation between a minor child and the grandparent, which was 168
254	254	not known to the grandparent at the time of filing an earlier 169
255	255	action. 170
256	256	(12)(11) This section does not provide for grandparent 171
257	257	visitation with a minor child placed for adoption under chapter 172
258	258	63 except as provided in s. 752.071 with respect to adoption by 173
259	259	a stepparent or close relative. 174
260	260	(13)(12) Venue must shall be in the county where the minor 175
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262	262	HB 607 2025
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	child primarily resides, unless venue is otherwise governed by 176
274	274	chapter 39, chapter 61, or chapter 63. 177
275	275	Section 2. For the purpose of incorporating the amendment 178
276	276	made by this act to section 752.011, Florida Statutes, in a 179
277	277	reference thereto, section 752.015, Florida Statutes, is 180
278	278	reenacted to read: 181
279	279	752.015 Mediation of visitation disputes. —It is the public 182
280	280	policy of this state that families resolve differences over 183
281	281	grandparent visitation within the family. It is the further 184
282	282	public policy of this state that, when families are unable to 185
283	283	resolve differences relating to grandparent visitation, the 186
284	284	family participate in any formal or informal mediation services 187
285	285	that may be available. If families are unable to resolve 188
286	286	differences relating to grandparent visitation and a petition is 189
287	287	filed pursuant to s. 752.011, the cour t shall, if such services 190
288	288	are available in the circuit, refer the case to family mediation 191
289	289	in accordance with the Florida Family Law Rules of Procedure. 192
290	290	Section 3. For the purpose of incorporating the amendment 193
291	291	made by this act to section 752.011, Flor ida Statutes, in a 194
292	292	reference thereto, section 752.071, Florida Statutes, is 195
293	293	reenacted to read: 196
294	294	752.071 Effect of adoption by stepparent or close 197
295	295	relative.—After the adoption of a minor child by a stepparent or 198
296	296	close relative, the stepparent or close rela tive may petition 199
297	297	the court to terminate an order granting grandparent visitation 200
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	under this chapter which was entered before the adoption. The 201
311	311	court may terminate the order unless the grandparent is able to 202
312	312	show that the criteria of s. 752.011 authorizing the visitation 203
313	313	continue to be satisfied. 204
314	314	Section 4. This act shall take effect July 1, 2025. 205