Bill Text: FL S1886 | 2020 | Regular Session | Comm Sub
Bill Title: Grandparent Visitation Rights
Spectrum:
Status: (Failed) 2020-03-14 - Died in Judiciary [S1886 Detail]
Download: Florida-2020-S1886-Comm_Sub.html
Florida Senate - 2020 CS for SB 1886 By the Committee on Children, Families, and Elder Affairs; and Senator Brandes 586-03123-20 20201886c1 1 A bill to be entitled 2 An act relating to grandparent visitation rights; 3 amending s. 752.011, F.S.; authorizing a grandparent 4 of a minor child whose parent was the victim of a 5 murder to petition the court for court-ordered 6 visitation with the child under certain circumstances; 7 removing the requirement that a grandparent 8 petitioning the court for court-ordered visitation 9 with a minor child make a prima facie showing of 10 significant harm to the child in a preliminary hearing 11 on such petition and instead requiring the grandparent 12 to make a prima facie showing of other specified 13 conditions; conforming provisions to changes made by 14 the act; providing an effective date. 15 16 WHEREAS, Florida law permits case-by-case judicial review 17 of grandparent visitation in very limited circumstances under s. 18 752.011, Florida Statutes; however, it does not address review 19 of grandparent visitation in criminal cases, such as when one 20 parent is deceased under violent or criminal circumstances and 21 the surviving parent forbids contact between the deceased’s 22 parents and their grandchildren, and 23 WHEREAS, the right to petition courts is no guarantee of 24 access or visitation; rather, it simply allows courts to review 25 the case and determine what is both safe and in the best 26 interest of the child involved, and 27 WHEREAS, in the best interest of a child who is already 28 dealing with complex grief at the loss of a parent and, further, 29 in the interest of justice under circumstances where criminal 30 proceedings are ongoing or anticipated, courts should have the 31 authority to review grandparent petitions for visitation, and 32 WHEREAS, giving courts the authority to review grandparent 33 petitions for visitation would prevent the separation of 34 children and families while the justice system reviews cases, 35 and could further disincentivize or deter criminal action in 36 divorce and custody cases, NOW, THEREFORE, 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Section 752.011, Florida Statutes, is amended to 41 read: 42 752.011 Petition for grandparent visitation with a minor 43 child.— 44 (1) A grandparent of a minor child may petition the court 45 for court-ordered visitation with the minor child if: 46 (a) Thewhoseparents of the minor child are deceased, 47 missing, or in a persistent vegetative state;,or 48 (b)whoseOne parent of the minor child is deceased, 49 missing, or in a persistent vegetative state and thewhoseother 50 parent has: 51 1. Been convicted of a felony or an offense of violence 52 evincing behavior that poses a substantial threat of harm to the 53 minor child’s health or welfare; 54 2. Been identified by the state attorney as a person of 55 interest or an unindicted co-conspirator in an open homicide 56 investigation relating to the deceased parent’s murder; or 57 3. Willingly allowed the minor child to be supervised by an 58 individual identified by the state attorney as a person of 59 interest or an unindicted co-conspirator in an open homicide 60 investigation relating to the deceased parent’s murder, may61petition the court for court-ordered visitation with the62grandchild under this section. 63 (2)(1)Upon the filing of a petition by a grandparent for 64 visitation, the court shall hold a preliminary hearing to 65 determine whether the petitioner has made a prima facie showing 66 of one of the conditions in subsection (1)parental unfitness or67significant harm to the child. Absent such a showing, the court 68 shall dismiss the petition and may award reasonable attorney 69 fees and costs to be paid by the petitioner to the respondent. 70 (3)(2)If the court finds that there is prima facie 71 evidence of one of the conditions in subsection (1) and that a 72 parent is unfitor that there is significant harm to the child, 73 the court may appoint a guardian ad litem and shall refer the 74 matter to family mediation as provided in s. 752.015. If family 75 mediation does not successfully resolve the issue of grandparent 76 visitation, the court shall proceed with a final hearing. 77 (4)(3)After conducting a final hearing on the issue of 78 visitation, the court may award reasonable visitation to the 79 grandparent with respect to the minor child if the court finds 80 by clear and convincing evidence that a parent is unfit or that 81 there is significant harm to the child, that visitation is in 82 the best interest of the minor child, and that the visitation 83 will not materially harm the parent-child relationship. 84 (5)(4)In assessing the best interest of the child under 85 subsection (4)(3), the court shall consider the totality of the 86 circumstances affecting the mental and emotional well-being of 87 the minor child, including: 88 (a) The love, affection, and other emotional ties existing 89 between the minor child and the grandparent, including those 90 resulting from the relationship that had been previously allowed 91 by the child’s parent. 92 (b) The length and quality of the previous relationship 93 between the minor child and the grandparent, including the 94 extent to which the grandparent was involved in providing 95 regular care and support for the child. 96 (c) Whether the grandparent established ongoing personal 97 contact with the minor child before the death of the parent, 98 before the onset of the parent’s persistent vegetative state, or 99 before the parent was missing. 100 (d) The reasons cited by the respondent parent in ending 101 contact or visitation between the minor child and the 102 grandparent. 103 (e) Whether there has been significant and demonstrable 104 mental or emotional harm to the minor child as a result of the 105 disruption in the family unit, whether the child derived support 106 and stability from the grandparent, and whether the continuation 107 of such support and stability is likely to prevent further harm. 108 (f) The existence or threat to the minor child of mental 109 injury as defined in s. 39.01. 110 (g) The present mental, physical, and emotional health of 111 the minor child. 112 (h) The present mental, physical, and emotional health of 113 the grandparent. 114 (i) The recommendations of the minor child’s guardian ad 115 litem, if one is appointed. 116 (j) The result of any psychological evaluation of the minor 117 child. 118 (k) The preference of the minor child if the child is 119 determined to be of sufficient maturity to express a preference. 120 (l) A written testamentary statement by the deceased parent 121 regarding visitation with the grandparent. The absence of a 122 testamentary statement is not deemed to provide evidence that 123 the deceased or missing parent or parent in a persistent 124 vegetative state would have objected to the requested 125 visitation. 126 (m) Other factors that the court considers necessary to 127 making its determination. 128 (6)(5)In assessing material harm to the parent-child 129 relationship under subsection (4)(3), the court shall consider 130 the totality of the circumstances affecting the parent-child 131 relationship, including: 132 (a) Whether there have been previous disputes between the 133 grandparent and the parent over childrearing or other matters 134 related to the care and upbringing of the minor child. 135 (b) Whether visitation would materially interfere with or 136 compromise parental authority. 137 (c) Whether visitation can be arranged in a manner that 138 does not materially detract from the parent-child relationship, 139 including the quantity of time available for enjoyment of the 140 parent-child relationship and any other consideration related to 141 disruption of the schedule and routine of the parent and the 142 minor child. 143 (d) Whether visitation is being sought for the primary 144 purpose of continuing or establishing a relationship with the 145 minor child with the intent that the child benefit from the 146 relationship. 147 (e) Whether the requested visitation would expose the minor 148 child to conduct, moral standards, experiences, or other factors 149 that are inconsistent with influences provided by the parent. 150 (f) The nature of the relationship between the child’s 151 parent and the grandparent. 152 (g) The reasons cited by the parent in ending contact or 153 visitation between the minor child and the grandparent which was 154 previously allowed by the parent. 155 (h) The psychological toll of visitation disputes on the 156 minor child. 157 (i) Other factors that the court considers necessary in 158 making its determination. 159 (7)(6)Part II of chapter 61 applies to actions brought 160 under this section. 161 (8)(7)If actions under this section and s. 61.13 are 162 pending concurrently, the courts are strongly encouraged to 163 consolidate the actions in order to minimize the burden of 164 litigation on the minor child and the other parties. 165 (9)(8)An order for grandparent visitation may be modified 166 upon a showing by the person petitioning for modification that a 167 substantial change in circumstances has occurred and that 168 modification of visitation is in the best interest of the minor 169 child. 170 (10)(9)An original action requesting visitation under this 171 section may be filed by a grandparent only once during any 2 172 year period, except on good cause shown that the minor child is 173 suffering, or may suffer, significant and demonstrable mental or 174 emotional harm caused by a parental decision to deny visitation 175 between a minor child and the grandparent, which was not known 176 to the grandparent at the time of filing an earlier action. 177 (11)(10)This section does not provide for grandparent 178 visitation with a minor child placed for adoption under chapter 179 63 except as provided in s. 752.071 with respect to adoption by 180 a stepparent or close relative. 181 (12)(11)Venue shall be in the county where the minor child 182 primarily resides, unless venue is otherwise governed by chapter 183 39, chapter 61, or chapter 63. 184 Section 2. This act shall take effect July 1, 2020.