Blog

Grandparents’ Rights in Florida

There was an update in The Florida Bar News, Volume 49, Number 8, in an article titled, “Governor DeSantis signs grandparents right measure” by Jim Ash, Senior Editor. In the article, the author states that Governor DeSantis has signed a measure that expands a grandparent’s right to petition for visitation, but only in tragic circumstances. Governor DeSantis signed House Bill 1119 by Representative Jackie Toledo, Republican-Tampa, on June 24.

What Does “Grandparents’ Rights” Mean? 

The measure would create a rebuttable presumption for grandparent or step-grandparent visitation, but only in cases where one parent has been found criminally liable for the death of the other parent or civilly liable for an intentional tort causing the death of the other person. The presumption could only be overcome if the court finds that it is not in the best interest of the child.

The Markel Act

Supporters of the bill dubbed the measure the “Markel Act.” That is because popular FSU Law Professor Dan Markel was shot to death in the driveway of his Tallahassee home in 2014. The author states that Markel’s parents championed the grandparent rights after their son’s death, and they supported the measure.

Limits to Grandparents’ Rights

The author states that before Governor DeSantis signed the measure, grandparents in Florida had few legal opportunities. According to the author, they could seek visitation only when both parents were deceased, missing, or in a permanent vegetative state, and the other parent has been convicted of a violent felony. The author says that, even then, the petitioner must establish that the surviving parent is unfit and poses a significant risk to the child.

In 2020, Jeff Brandes, Republican-St. Petersburg, sponsored similar legislation, Senate Bill 1886. However, it died in the Judiciary Committee. The latest version enjoyed enthusiastic bipartisan support.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.