S.B. 2858 Summary

• Amends Hawaii Revised Statutes Section 571-46.3 to establish grounds for grandparent visitation when the child's parent is unable to exercise parental visitation rights due to incarceration or death.

• Requires the court to make findings that Hawaii is the child's home state and that the parent is unable to exercise parental visitation before awarding grandparent visitation rights.

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

• Requires notice to all living parents and the child's custodians before any hearing on a grandparent visitation petition can commence.

• Makes violations of grandparent visitation court orders subject to sanctions and contempt proceedings under Section 571-81.