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HI SB643
Bill
Status
3/5/2015
Primary Sponsor
Gil Keith-agaran
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AI Summary
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Removes "grandparents" from Section 571-46(a)(7) to eliminate duplicative provisions for grandparent visitation rights, which are now governed exclusively under Section 571-46.3.
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Adds two new prerequisites for courts to award grandparent visitation: that grandparent visitation is in the best interest of the child and that denial of reasonable grandparent visitation would cause significant harm to the child.
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Establishes a rebuttable presumption that a parent's decision regarding grandparent visitation is in the child's best interest, which may be overcome by a preponderance of evidence showing denial would cause significant harm.
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Requires courts awarding grandparent visitation to apply all standards, considerations, and procedures used for parent visitation under Section 571-46, including family violence protections.
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Prohibits grandparents from misusing visitation by transferring their time to other parties and requires grandparents to comply with the same court orders binding parents when family violence findings exist.
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 Representative(s) San Buenaventura voting aye with reservations; none voting no (0) and Representative(s) Choy, Ing, Lowen, Luke, McKelvey, Pouha excused (6).
3/27/2015