A Florida lawmaker is pushing to give courts clearer guidance when weighing grandparent visitation in the wake of a parent’s death.

Sen. Danny Burgess (R-Zephyrhills) filed Senate Bill 674, which aims to ensure that a child’s mental and emotional well-being is considered when courts determine whether limited, court-ordered visitation with a grandparent is appropriate — specifically in cases where a parent has died, and the child had previously been living with the grandparent.

The bill would direct courts to evaluate whether continued visitation would support the child’s overall well-being, emotional stability, and mental health in those circumstances. Importantly, the legislation does not mandate visitation, but rather provides clearer guidance to judges to ensure the child’s needs are fully evaluated.

Burgess said the bill was motivated by a situation brought to him by a constituent. “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,” Burgess said. “No child should suffer unnecessarily when a simple visitation could help support their well-being.”

The senator added that courts should always prioritize a child’s well-being, especially following the trauma of losing a parent, and that when a grandparent has stepped in during that time, abruptly severing that bond can cause significant harm.

The bill has been filed ahead of the upcoming Florida legislative session.

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