Law Update: Greyson’s Law

Law Update: Greyson’s Law

In May 2023, Florida Governor Ron DeSantis Signed Into Law A Bill Coined “Greyson’s Law”. Read On For More On “Greyson’s Law.”

“Greyson’s Law” is a result of the tragic murder-suicide involving 4-year old Greyson Kessler and his Father, both residents of Broward County. Days before tragedy struck, Greyson’s Mother, Ali Kessler, had filed an emergency petition in Broward County outlining her fear of becoming a victim of domestic violence at the hand of Greyson’s father. Greyson’s father had, days prior, sent a number of disturbing and threatening communications to Ms. Kessler. However, these communications were not considered in protecting Greyson from his Father.

“Greyson’s Law” Now Provides Additional Safeguards And Protections For Children And Families.

Greyson’s Law amended Fla. Stat. §61.13, requiring courts to consider certain factors in deciding whether shared parental responsibility is detrimental to the child. In determining detriment to the child, the court shall now consider:

• Evidence of domestic violence as defined in § 741.28
• Whether either parent has or has had reasonable cause to believe that he or she or her minor child or children are or have been in imminent danger of becoming victims of an act of domestic violence… by the other parent against the parent or against the child or children whom the parents share in common regardless of whether a cause of action has been brought or is currently pending in the court;
• Whether either parent has or has had the reasonable cause to believe that his or her minor child or children are or have been in imminent danger of becoming victims of an act of abuse as defined in § 39.01(2)…. by the other parent against the child or children whom the parents share in common regardless of whether a cause of action has been brought or is currently pending in the court; and
• Any other relevant factors.

Greyson’s Law further amends Fla. Stat. §741.30 pertaining to domestic violence injunctions adding the following {mark all that apply} instances of domestic violence:

• Whether Respondent “engaged in a pattern of abusive, threatening, intimidating, or controlling behavior composed of a series of acts over a period of time, however short.”

The Court is now able to consider whether the Respondent has or had engaged in a pattern of abusive, threatening, intimidating, or controlling behavior composed of a series of acts over a period of time, however, short, which evidences a continuity of purpose and which reasonably causes the petitioner to believe that the petitioner, or his or her minor child or children are in imminent danger of becoming victims of any act of domestic violence when determining whether the entry of a domestic violence injunction is appropriate.

This new statutory language goes into effect July 1, 2023.