The landscape of family law in Florida has undergone significant revisions with the enactment of Greyson’s Law, officially Senate Bill 130, which took effect on July 1, 2023. Named in honor of Greyson Kessler, a four-year-old tragically killed by his father in a 2021 murder-suicide, this legislation fundamentally alters how domestic violence, particularly coercive control, is considered in decisions regarding shared parental responsibility, time-sharing, and injunctions for protection.
Historically, an individual’s reasonable, imminent fear of becoming a victim of domestic violence was primarily a consideration when seeking an Injunction for Protection Against Domestic Violence. Greyson’s Law, however, broadens this scope, making such fear a crucial element in determining a child’s best interests within time-sharing and shared parental responsibility arrangements. The Family Law Section collaborated closely with Greyson’s mother, Ali Kessler, and legislative sponsors to develop this protective measure.
Greyson’s Law amends several sections of the Florida Statutes, most notably Sections 61.13 and 741.13.
Impact on Shared Parental Responsibility and Time-Sharing (Fla. Stat. § 61.13):
The law introduces significant changes to how courts determine shared parental responsibility and time-sharing schedules, particularly when domestic violence is a factor.
o Evidence of domestic violence as defined in Section 741.28. o Whether either parent has or has had reasonable cause to believe that they or their minor child(ren) are or have been in imminent danger of becoming victims of domestic violence or sexual violence by the other parent.
o Whether either parent has or has had reasonable cause to believe their minor child(ren) are or have been in imminent danger of becoming victims of abuse, abandonment, or neglect by the other parent.
o Any other relevant factors.
o These considerations apply regardless of whether a prior or pending action related to these issues has been brought.
Impact on Injunctions for Protection Against Domestic Violence (Fla. Stat. § 741.30):
Greyson’s Law adds a crucial tenth factor for courts to consider when determining if a petitioner has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence. This new factor allows courts to look at:
The changes brought by Greyson’s Law signify an evolving understanding of domestic violence within the legal system. Previously, the legal definition largely focused on actual or threatened physical violence or stalking. Now, the law recognizes and addresses coercive control, which encompasses “multifaceted tactics” used by abusers, including emotional abuse, isolation, minimizing, denying, blaming, use of children, male privilege, economic abuse, coercion and threats, and intimidation.
For divorce and paternity cases involving children, this means that attorneys can now more effectively present evidence of subtle yet pervasive forms of abuse that previously might have faced relevance objections. The focus has shifted from merely discrete incidents of violence to a more comprehensive understanding of the abuser’s pattern of control. This is critical because domestic violence is understood as a crime of control against an intimate partner or someone in the home, where each case presents unique experiences.
The emphasis on written findings of fact by trial courts, as introduced by HB 1301 for time-sharing schedules, reinforces the need for meticulous documentation of evidence related to these domestic violence factors. While HB
1301 primarily focuses on time-sharing modifications and the presumption of equal time-sharing, the underlying principles regarding a child’s best interest and the broad consideration of parental safety now explicitly tie into the updated definitions and considerations under Greyson’s Law. In paternity actions, once a parenting plan and time-sharing schedule are sought, the provisions of Florida Statute 61.13, as amended by Greyson’s Law, will directly apply.
This legislative shift aims to provide an additional layer of protection for victims, enabling courts to consider the full scope of abusive behavior when making decisions that directly impact the safety and well-being of children and vulnerable parents. Practitioners involved in family law cases, especially those touching on domestic violence, should carefully review these updated statutes to ensure a complete understanding of the changes and their nuances.
Anthony Meehan Genova is a highly qualified legal professional specializing in family law, particularly known for his extensive experience in mediation and his commitment to community service. Mr. Genova is Board Certified in Marital & Family Law, a certification that signifies Florida’s official, independent determination of a lawyer’s expertise in a specialty field of law, widely regarded as the “gold standard” for Florida lawyers. This certification, administered by The Florida Bar and officiated by The Florida Supreme Court, began in 1982 to help the public select distinguished lawyers. Board-certified lawyers, including Mr. Genova, are thoroughly evaluated for credibility, expertise, professionalism, and ethics.
To achieve this certification, Mr. Genova demonstrated dedication to excellence through character, professionalism, ethics, and credibility. The rigorous process requires at least five years of law practice, substantial involvement in the chosen area of law, successful completion of a comprehensive examination, and a rigorous peer-review process. Additionally, board-certified lawyers must meet more robust continuing legal education requirements than those for general licensure. This certification is valid for five years and requires continued practice and attendance at Florida Bar-approved continuing legal education courses for recertification. As of 2023, fewer than 5,000 lawyers in Florida, representing only 5% of eligible Florida Bar members, have earned board certification. Research suggests that board-certified lawyers are 25% to 40% more likely to be hired than non-board-certified counterparts with similar credentials. Clients retaining a board-certified lawyer like Mr. Genova gain access to specialized expertise, professionalism and ethics, credibility, and a heightened dedication to excellence, with his rigorously evaluated experience and competency offering assurance of heightened proficiency in Marital & Family Law.
In addition to his board certification, Mr. Genova has been a Supreme Court Certified Marital & Family Law Mediator since 2019. He has been a dedicated member of the Executive Council of the Family Law Section of the Florida Bar since 2016. His significant involvement includes various leadership and committee roles, demonstrating deep engagement with the evolution and practice of family law, such as Co-chair of the Rules and Forms Committee (2018-2020), Chair of the Membership Committee (2016-2017), Vice Chair of the Domestic Violence Committee (2017-2018), Co-Vice Chair for Diversity and Inclusion (2023-2024), Member of the Equitable Distribution Committee (2017- 2020), and Member of the Support Issues Committee (2014-2018).