ID S1414

Repeals existing Section 32-719 and replaces it with new grandparent and great-grandparent visitation provisions in Idaho Code Chapter 7, Title 32.

Allows grandparents or great-grandparents to petition for reasonable visitation rights when parents' marital relationship is severed by death, divorce, or legal separation; when unmarried parents have not subsequently married; or when another state court has ordered visitation.

Establishes a rebuttable presumption that a parent's decision regarding grandparent visitation is in the child's best interests, which can be overcome by clear and convincing evidence of a preexisting grandparent-grandchild bond, petitioner's fitness, and denial or unreasonable limitation of visitation.

Allows courts to consider additional factors when determining if the presumption is rebutted, including the petitioner's prior role as caregiver for at least 6 consecutive months or substantial relationship, or frequent contact for at least 12 consecutive months.

Requires courts to determine whether grandparent visitation serves the child's best interests by considering emotional ties, relationship length and quality, mental and physical health, child's wishes if age 12 or older, willingness to maintain parent-child relationships, and any history of abuse or neglect.