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HI HB163

Bill

Status

Introduced

1/20/2017

Primary Sponsor

Scott Nishimoto

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Establishes constitutionally-sound standards for grandparent visitation by requiring courts to find that visitation is in the child's best interest AND that denial would cause significant harm to the child, consistent with the Hawaii Supreme Court's 2007 Doe v. Doe decision.

  • Creates 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 denial would cause significant harm.

  • Removes "grandparents" from the general visitation provision in Section 571-46(a)(7) and establishes a separate visitation framework in Section 571-46.3 specifically for grandparent petitions.

  • Requires grandparents seeking visitation to demonstrate Hawaii is the child's home state and includes procedures for notice to parents and custodians before any hearing.

  • Applies all standards, considerations, and procedures for parent visitation (including family violence protections) to grandparent visitation awards and prohibits grandparents from misusing visitation by transferring time to other parties.

Legislative Description

Relating To Child Visitation.

Child Custody

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 Representative(s) Souki excused (1).

2/14/2018

Committee Referrals

Judiciary2/14/2018
Health & Human Services1/17/2018
Human Services1/23/2017

Full Bill Text

No bill text available