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ID S1124
Bill
Status
2/14/2019
Primary Sponsor
Judiciary and Rules Committee
Click for details
AI Summary
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Repeals Section 32-719, Idaho Code, and replaces it with a new Chapter 18 governing grandparent and great-grandparent visitation rights.
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Establishes that grandparents and great-grandparents may petition district courts for visitation rights, but courts must apply a rebuttable presumption favoring fit parents' decisions on visitation, which can only be overcome by clear and convincing evidence that visitation serves the child's best interests.
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Defines "visitation" to include in-person, phone, electronic mail, social media, or virtual contact, but excludes legal or physical custody rights and decision-making authority over the child's health, safety, education, or welfare.
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Requires courts to consider ten factors when determining best interests of the child, including the emotional ties between petitioner and child, the relationship quality, child's preferences if age twelve or older, parental motivation for denying visitation, and the petitioner's character and fitness.
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Suspends all new petitions, existing petitions, and existing visitation orders if a child is subject to a pending child protection case; suspended actions or orders may resume at the close of the protection case if the district court determines resumption is in the child's best interests.
Legislative Description
Repeals and adds to existing law to establish provisions regarding visitation rights for grandparents and great-grandparents.
DOMESTIC RELATIONS
Last Action
Referred to Judiciary & Rules
3/26/2019