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HI SB494
Bill
Status
1/23/2015
Primary Sponsor
Laura Thielen
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AI Summary
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Allows primary caregivers without biological or adoptive relationships to petition family courts for reasonable visitation rights with minor children.
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Requires petitioner to demonstrate six consecutive months of primary caregiving during the eighteen-month period before filing and that Hawaii is the child's home state.
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Establishes rebuttable presumption that a parent's visitation decision is in the child's best interests, which can be overcome by clear and convincing evidence that denial would cause significant harm.
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Directs courts to consider factors including the nature of the pre-existing relationship, previous visitation arrangements, financial support provided, and any restrictions by parents.
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Authorizes courts to place reasonable time limitations and restrictions on awarded visitation and enforce orders in the child's best interests.
Legislative Description
Child Visitation; Primary Caregiver Visitation
Last Action
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL.
2/20/2015