Sen. Danny Burgess filed legislation on Monday that would broaden when grandparents may seek court-ordered visitation and require judges to give greater consideration to a child’s emotional well-being following the death of a parent.
Senate Bill 674 would revise Florida’s existing grandparent-visitation statute by adding a new category of cases eligible for court review. Under the bill’s purview, a grandparent could petition for visitation when one parent has died or become incapacitated, the child lived with the grandparent for at least six months during the previous year, and the child did not live with the surviving parent for that same duration.
Petitioners would also need to show that ending contact could pose a substantial risk of harm to the child.
“This bill was inspired by a deeply troubling situation shared by a constituent, which underscores the need for clearer protections for children,” said Sen. Burgess. “A child who had been living
with and supported by a grandparent was later cut off from that relationship, and the emotional fallout has been profound. No child should suffer unnecessarily when a simple visitation could
help support their well-being.”
The measure would further refine details of the statutory factors judges must weigh, instructing courts to evaluate a child’s emotional stability, the impact of any abrupt loss of contact with a grandparent, and any psychological evaluations or guardian ad litem recommendations. However, The measure does not create an automatic right to visitation.
“Our courts should always focus on a child’s well-being, especially after the trauma of losing a parent,” said Sen. Burgess continued. “When a grandparent has stepped in during the hardest moments of
a child’s life, and that bond is abruptly severed, the emotional fallout can be devastating.”