In Florida, child custody and parenting time (now referred to as “time-sharing”) is often viewed in the context of parents navigating who will have custody, when they will see their children, what the schedule will be. However, there are other relatives who will want to have time with the child. Grandparents are frequently part of the case.
This can be a complicated area of the law with a variety of circumstances coming into play. Current law does address grandparents and grant them time with the child. But many view these laws as incomplete. Recently, a state senator proposed legislation that would expand grandparents’ rights. Parents and grandparents should be aware of how this could impact them.
How would the proposed law change grandparent visitation?
The proposal was put forth by Sen. Danny Burgess. If it were to pass, it would expand grandparents’ ability to seek court-ordered visitation. In addition, the judges would need to place greater emphasis on the child’s emotional health when deciding.
Under Senate Bill 674, a category would be added to give the court greater discretion with grandparent visitation. Grandparents can seek visitation if a parent is incapacitated or has died, if the child resided with the grandparent for a minimum of six months in the prior year, and the child was not living with the parent during that time. The grandparent also needs to prove that the child not having contact with the grandparent would present the possibility of the child being harmed.
The senator referenced a situation in which a child who had been cared for by a grandparent and had that relationship severed. It caused a negative emotional response for the child. The objective is to ensure that the child has visitation with a grandparent to boost their emotional health if the situation calls for it. Various factors will be weighed including the child’s psychology, emotional well-being, and if a sudden loss of contact with the grandparent would damage them.
Child custody and parenting time are key issues in a family law case
Whether this law passes or not, child custody and time-sharing can be a complicated issue for the parents, grandparents, and the child. Since children can get caught in the middle of a family law case, it is imperative to think about them and their best interests. Everyone involved needs to have comprehensive guidance with how to proceed to ensure there is a reasonable outcome to protect the child. Consulting with experienced professionals is the first step.
