Florida Lawmakers Revisit Grandparent Visitation — A Narrow Proposal Raises Big Questions About Family, Courts, and Child Welfare

By Michael Phillips | FLBayNews / Father & Co.

As Florida prepares for the 2026 legislative session, lawmakers are once again wading into one of the most emotionally charged areas of family law: grandparent visitation and relative custody of minors.

A recent report from Florida’s Voice highlighted several proposals aimed at expanding grandparents’ ability to petition courts for access to grandchildren in tragic or high-risk situations. While early reporting overstated some details, one bill is very real, active, and worth careful public scrutiny—particularly for parents concerned about how family courts wield discretion.

What’s Actually Filed for 2026

The confirmed proposal moving forward is SB 674, sponsored by Danny Burgess (R).

The bill would modestly expand circumstances under which grandparents may seek court-ordered visitation, while maintaining strong constitutional safeguards for parental rights.

Key elements include:

• Grandparents may petition only in limited, tragic scenarios, such as:
  • One or both parents are deceased, missing, or in a persistent vegetative state
  • The child previously lived with the grandparent for at least six months
  • Severing the relationship would cause substantial harm to the child’s emotional or mental health
• Courts must first find parental unfitness or significant harm before granting visitation
• A presumption favoring parental decisions remains intact
• Petitions are limited to once every two years
• A rebuttable presumption of visitation applies if one parent caused the death of the other, building on Florida’s 2022 “Markel Act”

If passed, SB 674 would take effect July 1, 2026.

Importantly, no House companion bill has yet been filed, despite some early reports suggesting otherwise.

What This Bill Is — and Is Not

For center-right Floridians, the distinction matters.

This is not a broad “grandparents’ rights” law. It does not apply to intact families, divorce disagreements, or routine custody disputes. Instead, it targets rare but devastating circumstances where children experience loss, trauma, or abrupt separation from long-standing family bonds.

Supporters frame the bill as pro-child, pro-family, and constitutionally cautious—an attempt to preserve emotional stability for children after death or catastrophe, not to undermine parental authority.

That balance reflects long-standing conservative concerns shaped by the U.S. Supreme Court’s ruling in Troxel v. Granville, which limits state interference in parental decision-making.

Why This Still Raises Concerns

At Father & Co., where family-court accountability is a core focus, even narrow expansions deserve close attention.

Florida’s family courts already exercise significant discretion. Critics worry that well-intended laws can be unevenly applied, especially in emotionally charged cases where allegations of “harm” are subjective and expert testimony varies widely.

For parents—particularly those who have experienced overreach, prolonged litigation, or inconsistent enforcement—the question is not whether grandparents matter, but how courts interpret and enforce “best interest” standards once new pathways to litigation are opened.

History shows that family-law expansions often begin narrowly, then evolve through case law rather than statute.

Limited Coverage, High Stakes

Despite its implications, SB 674 has received minimal coverage outside Florida-focused conservative outlets. Major statewide newspapers have not yet addressed the proposal, even though similar bills quietly stalled in prior sessions.

That lack of attention matters. Laws governing family relationships deserve public debate before—not after—courts begin applying them.

The Bottom Line

SB 674 reflects a center-right attempt to thread a difficult needle:
protecting children in moments of loss without eroding parental rights.

Whether lawmakers succeed will depend less on the bill’s language—and more on how Florida’s family courts apply it.

Concerned citizens, parents, and grandparents alike should follow this legislation closely as the 2026 session begins. When it comes to family law, even small statutory changes can carry lifelong consequences.