House Bill 0185
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 185
By Representative Kelly
1 A bill to be entitled
2 An act relating to grandparents' visitation
3 rights; amending s. 752.01, F.S.; providing
4 additional grounds for the award of visitation
5 rights to grandparents; providing additional
6 grounds for the court to consider in
7 determining the best interest of the child with
8 respect to the award of visitation to the
9 grandparents; providing criteria for the court
10 to consider in determining whether granting
11 visitation to the grandparents will materially
12 harm the parent-child relationship; providing
13 an effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Section 752.01, Florida Statutes, is
18 amended to read:
19 752.01 Action by grandparent for right of visitation;
20 when petition shall be granted.--
21 (1) The court shall, upon petition filed by a
22 grandparent of a minor child, award reasonable rights of
23 visitation to the grandparent with respect to the child when
24 the court finds that the health or welfare of the child would
25 be harmed unless such visitation is granted, it is in the best
26 interest of the minor child, and the granting of such
27 visitation will not materially harm the parent-child
28 relationship, if:
29 (a) One or both parents of the child are deceased;
30 (b) The marriage of the parents of the child has been
31 dissolved;
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Florida House of Representatives - 1999 HB 185
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1 (c) A parent of the child has deserted the child;
2 (d) The minor child was born out of wedlock and not
3 later determined to be a child born within wedlock as provided
4 in s. 742.091; or
5 (e) The minor is living with both natural parents who
6 are still married to each other whether or not there is a
7 broken relationship between either or both parents of the
8 minor child and the grandparents, and either or both parents
9 have used their parental authority to prohibit a relationship
10 between the minor child and the grandparents; or
11 (f) A deceased parent has made a written testamentary
12 statement requesting that there be visitation between a
13 surviving child and grandparent.
14 (2) In determining the best interest of the minor
15 child, and in assessing whether harm to the child will result
16 if visitation is not granted, the court shall consider:
17 (a) The willingness of the grandparent or grandparents
18 to encourage a close relationship between the child and the
19 parent or parents.
20 (b) The length and quality of the prior relationship
21 between the child and the grandparent or grandparents.
22 (c) The preference of the child if the child is
23 determined to be of sufficient maturity to express a
24 preference.
25 (d) The mental and physical health of the child.
26 (e) The mental and physical health of the grandparent
27 or grandparents.
28 (f) The extent to which the grandparent or
29 grandparents have been involved in the provision of care and
30 support of the child.
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Florida House of Representatives - 1999 HB 185
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1 (g) Whether the grandparent or grandparents have
2 established or attempted to establish ongoing personal contact
3 with the child.
4 (h) The manner in which and the degree to which
5 visitation is expected to improve, facilitate, or promote the
6 mental health and development of the child. This paragraph
7 should not be construed to require a finding of existing or
8 the potential for mental illness in order for visitation to be
9 granted.
10 (i) When one parent is deceased, whether grandparent
11 visitation is desirable in order to maintain or facilitate
12 contact between the child and the deceased parent's extended
13 family of origin.
14 (j) Whether grandparent visitation will provide
15 support and stability for the child when there has been
16 disruption in the family unit, such as by death, divorce, or
17 disability of a parent.
18 (k) Whether grandparent visitation will enhance the
19 parent-child relationship.
20 (l) When one parent is deceased, any written
21 testamentary statement by the deceased parent that visitation
22 with the petitioning grandparent or grandparents be granted or
23 a belief that such visitation would be in the child's best
24 interest. The lack of such a testamentary statement shall not
25 be construed as evidence that the deceased parent objects to
26 the requested visitation.
27 (m)(f) Such other factors as are necessary in the
28 particular circumstances.
29 (3) In determining whether granting visitation will
30 materially harm the parent-child relationship, the court shall
31 consider:
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Florida House of Representatives - 1999 HB 185
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1 (a) Whether there have been previous disputes between
2 the grandparents and the parents over childrearing or other
3 matters related to the care and upbringing of the child.
4 (b) Whether visitation will, in a material manner,
5 supersede parental authority.
6 (c) Whether visitation can be arranged in such a
7 manner as to not materially detract from the parent-child
8 relationship, including the quantum of time available for
9 enjoyment of the parent-child relationship, and any other
10 consideration related to disruption of the schedule and
11 routine of the parents and child's home lives.
12 (d) Whether visitation is being sought for the primary
13 purpose of continuing or establishing a relationship with the
14 child with the intent that the child benefit from the
15 relationship.
16 (e) Whether the requested visitation will expose the
17 child to adverse conduct, moral standards, experiences, or
18 other such matters which are inconsistent with positive
19 influences provided by the parents.
20 (f) The willingness and ability of the petitioner to
21 facilitate and encourage a close and continuing relationship
22 between the child and the other parties.
23 (g) The nature of the relationship between the parents
24 and the grandparents.
25 (h) The psychological toll of visitation disputes on
26 the child.
27 (i) Such other factors as are necessary in the
28 particular circumstances.
29 (4)(3) This act does not provide for grandparental
30 visitation rights for children placed for adoption under
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Florida House of Representatives - 1999 HB 185
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1 chapter 63 except as provided in s. 752.07 with respect to
2 adoption by a stepparent.
3 Section 2. This act shall take effect July 1, 1999.
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6 HOUSE SUMMARY
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Revises a provision of law concerning an action by a
8 grandparent for the right of visitation of a minor child
to:
9 1. Provide for additional grounds to be considered
by the court, including a finding by the court that the
10 health or welfare of the child would be harmed unless the
visitation is granted and a finding that the granting of
11 such visitation will not materially harm the parent-child
relationship.
12 2. Provide grounds for the court to consider in
determining whether granting visitation will materially
13 harm the parent-child relationship.
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See bill for details.
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