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HI HB1216

Bill

Status

Introduced

1/29/2015

Primary Sponsor

Joseph Souki

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Origin

House of Representatives

2015 Regular Session

AI Summary

  • Removes "grandparents" from the general visitation rights provision in Hawaii Revised Statutes Section 571-46(a)(7), making grandparent visitation a separate statutory process rather than automatic consideration.

  • Creates a new procedure under Section 571-46.3 for grandparents to petition the court for visitation rights, requiring three findings: (1) Hawaii is the child's home state, (2) grandparent visitation is in the child's best interest, and (3) denial of grandparent visitation would cause significant harm to the child.

  • Establishes a rebuttable presumption that a parent's decision regarding grandparent visitation is in the child's best interest, which can only be overcome by preponderance of evidence showing that denying grandparent visitation would cause significant harm.

  • Requires the court to apply all standards, considerations, and procedures used for parent visitation when awarding grandparent visitation rights.

  • Effective date July 1, 2050.

Legislative Description

Child Custody; Grandparent Visitation

Last Action

Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Pouha excused (1).

2/18/2015

Committee Referrals

Judiciary2/18/2015
Human Services2/2/2015

Full Bill Text

No bill text available