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GA HB229
Bill
Status
Passed
4/26/2016
Primary Sponsor
Brian Strickland
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AI Summary
- Expands the right to intervene in custody, divorce, parental rights termination, and visitation cases from grandparents only to a broader category of "family members," now defined to include grandparents, great-grandparents, and siblings (brothers/sisters) of a parent
- Grandparents retain the exclusive right to file an original action for visitation, while all family members (including great-grandparents and parental siblings) gain the right to intervene in existing domestic relations proceedings
- Requires courts to apply a "clear and convincing evidence" standard, finding that the child's health or welfare would be harmed without visitation and that visitation serves the child's best interests
- Establishes that the mere absence of an opportunity to develop a relationship with a family member does not constitute harm to the child unless a substantial preexisting relationship already exists; creates a rebuttable presumption that denying contact with a family member who has a preexisting relationship may cause emotional harm
- Conforms adoption-related code sections (19-8-13 and 19-8-15) to extend notification and objection rights in adoption proceedings to the expanded "family member" category, and requires courts to determine priority when multiple family members file visitation actions
Legislative Description
Domestic relations; grandparent rights to visitation and intervention to great-grandparents and siblings of parents; expand
Last Action
Effective Date
7/1/2016
Full Bill Text
No bill text available