ID S1122

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

Allows grandparents and great-grandparents to petition for visitation when parents' marital relationship is severed by death, divorce, or legal separation; when unmarried parents have not subsequently married (with paternity requirements for paternal relatives); or when another state court has ordered visitation.

Requires petitioner to prove by clear and convincing evidence: a pre-existing relationship with the child that would benefit the child, that petitioner is fit and proper, and that visitation has been denied or unreasonably limited before court may grant visitation over objection of a fit parent.

Mandates courts consider all relevant factors including emotional ties, quality and length of prior relationship, mental and physical health of all parties, child's wishes if 12 years or older, petitioner's willingness to encourage parent-child relationship, and any history of abuse or neglect.

Prohibits visitation actions and voids previously granted visitation orders when child is subject to a pending child protection case; does not apply when parental rights have been terminated.