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HI HB172

Bill

Status

Introduced

1/18/2013

Primary Sponsor

Mele Carroll

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Human Services1/22/2013

Full Bill Text

No bill text available