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FL H0789

FL H0789
Rights Of Grandparents And Great-Grandparents


summary

Introduced
02/04/2014
In Committee
02/14/2014
Crossed Over
Passed
Dead
05/02/2014

Introduced Session

2014 Regular Session

Bill Summary

Authorizes grandparent of minor child to petition court for visitation; requires preliminary hearing; provides for payment of attorney fees & costs by petitioner who fails to make prima facie showing of harm; provides for application of Uniform Child Custody Jurisdiction & Enforcement Act; provides conditions under which court may terminate grandparent visitation order upon adoption of minor child by stepparent or close relative; provides for great-grandparent's right to notice of adoption.

AI Summary

This bill expands the rights of grandparents and great-grandparents to seek court-ordered visitation with their grandchildren and great-grandchildren, particularly in cases where a child has been removed from parental custody due to dependency or when a parent is deceased, missing, or has been convicted of a felony. It establishes a process for grandparents to petition the court for visitation, requiring a preliminary hearing to determine if there's evidence of parental unfitness or harm to the child; if not, the petition will be dismissed, and the petitioner may have to pay the respondent's legal fees. The bill also clarifies that adoption by a stepparent or close relative does not automatically terminate existing grandparent visitation orders unless the grandparent cannot demonstrate that the criteria for visitation are still met. Furthermore, it ensures that great-grandparents are notified of adoption proceedings and that their rights are considered, aligning with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which is a set of laws designed to prevent jurisdictional conflicts in child custody cases across different states.

Committee Categories

Health and Social Services, Justice

Sponsors (4)

Last Action

Died in Healthy Families Subcommittee (on 05/02/2014)

bill text


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bill summary

Document Type Source Location Created
State Bill Page http://www.flsenate.gov/Session/Bill/2014/789 02/05/2014
Bill http://www.flsenate.gov/Session/Bill/2014/0789/BillText/Filed/PDF 02/05/2014
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