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Rights of Grandparents

Senate Bill 368 has an effective date of 7/1/2015 if passed.
The last action was 4/24/2015. This bill was laid on table, refer to CS/CS/HB 149 -SJ 612.

SUMMARY of CS/SB 368: This bill provides that a grandparent of a minor child whose parents are deceased, missing, or in a permanent vegetative state may petition for visitation with a grandchild. If only one parent is deceased, missing, or in a permanent vegetative state, the other parent must have been convicted of a felony or a violent offense in order for a grandparent to be able to petition for visitation. The court must find the grandparent has made a prima facie showing of parental unfitness or significant harm to the child, and if not, must dismiss the petition. If the court finds that there is prima facie evidence that a parent is unfit or that there is significant harm to the child, the bill allows the court to appoint a guardian ad litem for the child and requires the court to order the family to mediation. The bill provides a list of factors for the court to consider in assessing best interest of the child and material harm to the parent-child relationship. The bill places a limit on the number of times a grandparent can file an original action for visitation, absent a real, substantial, and unanticipated change of circumstances.

The bill repeals s. 752.01, F.S., relating to grandparent visitation rights, which has been found largely unconstitutional by Florida courts. The bill also repeals s. 752.07, F.S., relating to grandparental rights after adoption of a child by a stepparent.