CHAPTER 752

752.001

Definitions.

(1) “Grandparent” shall include great-grandparent.

(2) “Missing” means having whereabouts which are unknown for a period of at least 90 days and not being able to be located after a diligent search and inquiry.

Such search and inquiry for a missing person must include, at a minimum, inquiries of all relatives of the person who can reasonably be identified by the petitioner, inquiries of hospitals in the areas where the person last resided, inquiries of the person’s recent employers, inquiries of state and federal agencies likely to have information about the person, inquiries of appropriate utility and postal providers, a thorough search of at least one electronic database specifically designed for locating persons, and inquiries of appropriate law enforcement agencies.

(3) “Persistent vegetative state” has the same meaning as provided in s. 765.101(15).

History. — s. 5, ch. 90-273; s. 1, ch. 2015-134; s. 84, ch. 2016-10.

752.011 Petition for grandparent visitation with a minor child.

(1) Upon the filing of a petition by a grandparent for visitation, the court shall hold a preliminary hearing to determine whether the petitioner has made a prima facie showing of parental unfitness or significant harm to the child. Absent such a showing, the court shall dismiss the petition and may award reasonable attorney fees and costs to be paid by the petitioner to the respondent.

(2) Notwithstanding subsection (1), if the court finds that one parent of a child has been held criminally liable for the death of the other parent of the child or civilly liable for an intentional tort causing the death of the other parent of the child, there is a presumption for granting reasonable visitation with the petitioning grandparent or stepgrandparent if he or she is the parent of the child’s deceased parent. This presumption may only be overcome if the court finds that granting such visitation is not in the best interests of the child.

(3) 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 court may appoint a guardian ad litem and shall refer the matter to family mediation as provided in s. 752.015. If family mediation does not successfully resolve the issue of grandparent visitation, the court shall proceed with a final hearing.

(4) After conducting a final hearing on the issue of visitation, the court may award reasonable visitation to the grandparent with respect to the minor child if the court finds by clear and convincing evidence that a parent is unfit or that there is significant harm to the child, that visitation is in the best interest of the minor child, and that the visitation will not materially harm the parent-child relationship.

(5) In assessing the best interests of the child under subsection (4), the court shall consider the totality of the circumstances affecting the mental and emotional well-being of the minor child, including:

(6) In assessing material harm to the parent-child relationship under subsection (4), the court shall consider the totality of the circumstances affecting the parent-child relationship, including:

(7) Part II of

chapter 61 applies to actions brought under this section.

(8) If actions under this

section and s. 61.13 are pending concurrently, the courts are strongly encouraged to consolidate the actions in order to minimize the burden of litigation on the minor child and the other parties.

(9) An order for grandparent visitation may be modified upon a showing by the person petitioning for modification that a substantial change in circumstances has occurred and that modification of visitation is in the best interest of the minor child.

(10) An original action requesting visitation under this

section may be filed by a grandparent only once during any 2-year period, except on good cause shown that the minor child is suffering, or may suffer, significant and demonstrable mental or emotional harm caused by a parental decision to deny visitation between a minor child and the grandparent, which was not known to the grandparent at the time of filing an earlier action.

(11) This

section does not provide for grandparent visitation with a minor child placed for adoption under

chapter 63 except as provided in s. 752.071 with respect to adoption by a stepparent or close relative.

(12) Venue shall be in the county where the minor child primarily resides, unless venue is otherwise governed by

chapter 39,

chapter 61, or

chapter 63.

History. — s. 3, ch. 2015-134; s. 1, ch. 2022-217.

752.015 Mediation of visitation disputes.

History. — s. 7, ch. 90-273; s. 6, ch. 2015-134.

752.02 Persons who must be served notice of petition; manner of service.

History. — s. 1, ch. 84-64; s. 64, ch. 85-62.

752.071 Effect of adoption by stepparent or close relative.

History. — s. 5, ch. 2015-134.