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HI HB172
Bill
Status
1/18/2013
Primary Sponsor
Mele Carroll
Click for details
AI Summary
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Amends Hawaii Revised Statutes Section 571-46.3 to establish a rebuttable presumption that a parent's decision regarding grandparent visitation is in the child's best interests.
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Allows the presumption to be rebutted by a preponderance of evidence showing that denial of reasonable visitation rights would cause demonstrable harm to the child.
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Requires courts to consider eight specific factors when ruling on grandparent visitation petitions, including the nature of the pre-existing relationship, prior visitation history, financial support provided, and family violence factors.
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Modifies the standard for awarding visitation from "best interest of the child" alone to include cases where denial of visitation would cause demonstrable harm to the child.
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Maintains existing requirements that grandparent petitions can only proceed when Hawaii is the child's home state and that parents and custodians receive due notice of the hearing.
Legislative Description
Child Visitation; Rebuttable Presumption; Grandparents
Last Action
The committee(s) on HUS recommend(s) that the measure be deferred.
2/14/2013