Senate Bill 0696
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 696
By Senator Campbell
33-425-99
1 A bill to be entitled
2 An act relating to legal actions by
3 grandparents seeking the right of visitation;
4 amending s. 752.01, F.S.; providing factors
5 that the court must consider in deciding
6 whether to grant visitation rights to
7 grandparents; providing an effective date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Section 752.01, Florida Statutes, is
12 amended to read:
13 752.01 Action by grandparent for right of visitation;
14 when petition shall be granted.--
15 (1) The court shall, upon petition filed by a
16 grandparent of a minor child, award reasonable rights of
17 visitation to the grandparent with respect to the child when
18 the court finds that the health or welfare of the child would
19 be harmed unless the visitation is granted, that it is in the
20 best interest of the minor child, and that the granting of
21 such visitation will not harm the parent-child relationship,
22 and if:
23 (a) One or both parents of the child are deceased;
24 (b) The marriage of the parents of the child has been
25 dissolved;
26 (c) A parent of the child has deserted the child;
27 (d) The minor child was born out of wedlock and not
28 later determined to be a child born within wedlock as provided
29 in s. 742.091; or
30 (e) The minor is living with both natural parents who
31 are still married to each other whether or not there is a
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Florida Senate - 1999 SB 696
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1 broken relationship between either or both parents of the
2 minor child and the grandparents, and either or both parents
3 have used their parental authority to prohibit a relationship
4 between the minor child and the grandparents; or.
5 (f) A deceased parent has made a written testamentary
6 statement requesting that there be visitation between a
7 surviving child and the grandparent or grandparents.
8 (2) In determining the best interest of the minor
9 child and in assessing whether harm to the child will result
10 if visitation is not granted, the court shall consider:
11 (a) The willingness of the grandparent or grandparents
12 to encourage a close relationship between the child and the
13 parent or parents.
14 (b) The length and quality of the prior relationship
15 between the child and the grandparent or grandparents.
16 (c) The preference of the child if the child is
17 determined to be of sufficient maturity to express a
18 preference.
19 (d) The mental and physical health of the child.
20 (e) The mental and physical health of the grandparent
21 or grandparents.
22 (f) The extent to which the grandparent has been
23 involved in providing care and support of the child.
24 (g) Whether the grandparent has established or
25 attempted to establish ongoing personal contact with the
26 child.
27 (h) The manner in which and the degree to which
28 visitation is expected to improve, facilitate, or promote the
29 mental health and development of the child. This provision
30 does not require a finding of existing mental illness or the
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Florida Senate - 1999 SB 696
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1 potential for mental illness in order for visitation to be
2 granted.
3 (i) If one parent is deceased, whether grandparent
4 visitation is desirable in order to maintain or facilitate
5 contact between the child and the deceased parent's extended
6 family of origin.
7 (j) If there has been disruption in the family unit,
8 such as by death, divorce, or disability of a parent, whether
9 grandparent visitation will provide support and stability for
10 the child.
11 (k) Whether grandparent visitation will enhance the
12 parent-child relationship.
13 (l) If a parent is deceased, any written testamentary
14 statement by the deceased parent requesting that visitation
15 with the petitioning grandparent be granted or stating a
16 belief that such visitation would be in the child's best
17 interest. The absence of such a testamentary statement must
18 not be construed as evidence that the deceased parent would
19 have objected to the requested visitation.
20 (m)(f) Such other factors as are necessary in the
21 particular circumstances.
22 (3) In determining whether granting visitation will
23 materially harm the parent-child relationship, the court shall
24 consider:
25 (a) Whether there have been previous disputes between
26 the grandparents and the parents over childrearing or other
27 matters related to the care and upbringing of the child.
28 (b) Whether visitation will in a material manner
29 interfere with or compromise parental authority.
30 (c) Whether visitation can be arranged in such a
31 manner as not to materially detract from the parent-child
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1 relationship, including the quantity of time available for
2 enjoyment of the parent-child relationship and any other
3 consideration related to disruption of the schedule and
4 routines of the parents' and child's home lives.
5 (d) Whether visitation is being sought for the primary
6 purpose of continuing or establishing a relationship with the
7 child with the intent that the child benefit from the
8 relationship.
9 (e) Whether the requested visitation will expose the
10 child to undesirable conduct, moral standards, experiences, or
11 other factors that are inconsistent with positive influences
12 provided by the parents.
13 (f) The willingness and ability of the petitioners to
14 facilitate and encourage a close and continuing relationship
15 between the child and the other parties.
16 (g) The nature of the relationship between the parents
17 and grandparents.
18 (h) The psychological toll of visitation disputes on
19 the child.
20 (i) Such other factors as are necessary in the
21 particular circumstances.
22 (4)(3) This act does not provide for grandparental
23 visitation rights for children placed for adoption under
24 chapter 63 except as provided in s. 752.07 with respect to
25 adoption by a stepparent.
26 Section 2. This act shall take effect July 1, 1999.
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2 SENATE SUMMARY
3 Extensively revises the list of factors that a court must
consider in deciding whether to award visitation rights
4 to grandparents of a minor child. Includes a requirement
that the court find that the health or welfare of the
5 child would be harmed unless the visitation is granted
and a requirement that the court find that the granting
6 of such visitation will not harm the parent-child
relationship.
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