FL H0149

Grandparents may petition courts for visitation with minor children when both parents are deceased, missing, or in persistent vegetative state, or when one parent is in that condition and the other has been convicted of a felony or crime of violence posing substantial threat of harm to the child.

A preliminary hearing is required to determine if the petitioner has made a prima facie showing of parental unfitness or significant harm; if not, the court shall dismiss the petition and may award attorney fees and costs to the respondent.

Courts may award grandparent visitation if they find by clear and convincing evidence that a parent is unfit or there is significant harm to the child, that visitation is in the child's best interest, and that visitation will not materially harm the parent-child relationship.

Courts must consider 13 specific factors regarding the child's best interests and 9 factors regarding potential harm to the parent-child relationship when determining visitation.

Grandparents may file only one original visitation action during any 2-year period except upon good cause showing the child is suffering or may suffer significant emotional harm; visitation does not apply to children placed for adoption except by stepparents or close relatives; effective July 1, 2015.