Florida Senate - 2025 SB 246 By Senator Rodriguez 40-00736-25 2025246__ 1 A bill to be entitled 2 An act relating to grandparent visitation; amending s. 3 752.011, F.S.; revising the criteria required for the 4 grandparent of a minor child to petition the court for 5 grandparent visitation; revising the purpose for which 6 the court shall hold a certain preliminary hearing; 7 revising the circumstances in which the court may 8 appoint a guardian ad litem and must refer the matter 9 to family mediation; revising the circumstances in 10 which the court may award reasonable visitation to a 11 grandparent; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1.Section 752.011, Florida Statutes, is amended to 16 read: 17 752.011Petition for grandparent visitation with a minor 18 child.A grandparent of a minor child whose parents are 19 deceased, missing, or in a persistent vegetative state, or whose 20 one parent is deceased, missing, or in a persistent vegetative 21 state and whose other parent has been convicted of a felony or 22 an offense of violence evincing behavior that poses a 23 substantial threat of harm to the minor childs health or 24 welfare, may petition the court for court-ordered visitation 25 with the grandchild under this section if the minor childs 26 parents are divorced or if one or both of the minor childs 27 parents are deceased, missing, or in a persistent vegetative 28 state. 29 (1)Upon the filing of a petition by a grandparent for 30 visitation, the court shall hold a preliminary hearing to 31 determine whether the petitioner has made a prima facie showing 32 that the minor childs parents are divorced or one or both of 33 the minor childs parents are deceased, missing, or in a 34 persistent vegetative state of parental unfitness or significant 35 harm to the child. Absent such a showing, the court shall 36 dismiss the petition and may award reasonable attorney fees and 37 costs to be paid by the petitioner to the respondent. 38 (2)Notwithstanding subsection (1), if the court finds that 39 one parent of a child has been held criminally liable for the 40 death of the other parent of the child or civilly liable for an 41 intentional tort causing the death of the other parent of the 42 child, there is a presumption for granting reasonable visitation 43 with the petitioning grandparent or stepgrandparent if he or she 44 is the parent of the childs deceased parent. This presumption 45 may only be overcome if the court finds that granting such 46 visitation is not in the best interests of the child. 47 (2)(3)If the court finds that there is prima facie 48 evidence that the minor childs parents are divorced or one or 49 both of the minor childs parents are deceased, missing, or in a 50 persistent vegetative state a parent is unfit or that there is 51 significant harm to the child, the court may appoint a guardian 52 ad litem and must shall refer the matter to family mediation as 53 provided in s. 752.015. If family mediation does not 54 successfully resolve the issue of grandparent visitation, the 55 court must shall proceed with a final hearing. 56 (3)(4)After conducting a final hearing on the issue of 57 visitation, the court may award reasonable visitation to the 58 grandparent with respect to the minor child if the court finds 59 by clear and convincing evidence that the minor childs parents 60 are divorced or one or both of the minor childs parents are 61 deceased, missing, or in a persistent vegetative state a parent 62 is unfit or that there is significant harm to the child, that 63 visitation is in the best interest of the minor child, and that 64 the visitation will not materially harm the parent-child 65 relationship, if one exists. 66 (4)(5)In assessing the best interests of the child under 67 subsection (3) (4), the court shall consider the totality of the 68 circumstances affecting the mental and emotional well-being of 69 the minor child, including: 70 (a)The love, affection, and other emotional ties existing 71 between the minor child and the grandparent, including those 72 resulting from the relationship that had been previously allowed 73 by the childs parent. 74 (b)The length and quality of the previous relationship 75 between the minor child and the grandparent, including the 76 extent to which the grandparent was involved in providing 77 regular care and support for the child. 78 (c)Whether the grandparent established ongoing personal 79 contact with the minor child before the parents divorced, before 80 the death of the parent, before the onset of the parents 81 persistent vegetative state, or before the parent was missing. 82 (d)The reasons cited by the respondent parent in ending 83 contact or visitation between the minor child and the 84 grandparent. 85 (e)Whether there has been significant and demonstrable 86 mental or emotional harm to the minor child as a result of the 87 disruption in the family unit, whether the child derived support 88 and stability from the grandparent, and whether the continuation 89 of such support and stability is likely to prevent further harm. 90 (f)The existence or threat to the minor child of mental 91 injury as defined in s. 39.01. 92 (g)The present mental, physical, and emotional health of 93 the minor child. 94 (h)The present mental, physical, and emotional health of 95 the grandparent. 96 (i)The recommendations of the minor childs guardian ad 97 litem, if one is appointed. 98 (j)The result of any psychological evaluation of the minor 99 child. 100 (k)The preference of the minor child if the child is 101 determined to be of sufficient maturity to express a preference. 102 (l)A written testamentary statement by the deceased parent 103 regarding visitation with the grandparent. The absence of a 104 testamentary statement is not deemed to provide evidence that 105 the deceased or missing parent or parent in a persistent 106 vegetative state would have objected to the requested 107 visitation. 108 (m)Other factors that the court considers necessary to 109 making its determination. 110 (5)(6)In assessing material harm to the parent-child 111 relationship under subsection (3) (4), the court shall consider 112 the totality of the circumstances affecting the parent-child 113 relationship, including: 114 (a)Whether there have been previous disputes between the 115 grandparent and the parent over childrearing or other matters 116 related to the care and upbringing of the minor child. 117 (b)Whether visitation would materially interfere with or 118 compromise parental authority. 119 (c)Whether visitation can be arranged in a manner that 120 does not materially detract from the parent-child relationship, 121 including the quantity of time available for enjoyment of the 122 parent-child relationship and any other consideration related to 123 disruption of the schedule and routine of the parent and the 124 minor child. 125 (d)Whether visitation is being sought for the primary 126 purpose of continuing or establishing a relationship with the 127 minor child with the intent that the child benefit from the 128 relationship. 129 (e)Whether the requested visitation would expose the minor 130 child to conduct, moral standards, experiences, or other factors 131 that are inconsistent with influences provided by the parent. 132 (f)The nature of the relationship between the childs 133 parent and the grandparent. 134 (g)The reasons cited by the parent in ending contact or 135 visitation between the minor child and the grandparent which was 136 previously allowed by the parent. 137 (h)The psychological toll of visitation disputes on the 138 minor child. 139 (i)Other factors that the court considers necessary in 140 making its determination. 141 (6)(7)Part II of chapter 61 applies to actions brought 142 under this section. 143 (7)(8)If actions under this section and s. 61.13 are 144 pending concurrently, the courts are strongly encouraged to 145 consolidate the actions in order to minimize the burden of 146 litigation on the minor child and the other parties. 147 (8)(9)An order for grandparent visitation may be modified 148 upon a showing by the person petitioning for modification that a 149 substantial change in circumstances has occurred and that 150 modification of visitation is in the best interest of the minor 151 child. 152 (9)(10)An original action requesting visitation under this 153 section may be filed by a grandparent only once during any 2 154 year period, except on good cause shown that the minor child is 155 suffering, or may suffer, significant and demonstrable mental or 156 emotional harm caused by a parental decision to deny visitation 157 between a minor child and the grandparent, which was not known 158 to the grandparent at the time of filing an earlier action. 159 (10)(11)This section does not provide for grandparent 160 visitation with a minor child placed for adoption under chapter 161 63 except as provided in s. 752.071 with respect to adoption by 162 a stepparent or close relative. 163 (11)(12)Venue shall be in the county where the minor child 164 primarily resides, unless venue is otherwise governed by chapter 165 39, chapter 61, or chapter 63. 166 Section 2.This act shall take effect July 1, 2025.