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HI HB163
Bill
Status
1/20/2017
Primary Sponsor
Scott Nishimoto
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AI Summary
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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.
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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.
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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.
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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.
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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