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IN SB0106
Bill
Status
1/3/2019
Primary Sponsor
Lonnie Randolph
Click for details
AI Summary
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Extends visitation rights to great-grandparents, allowing them to petition for visitation under the same circumstances as grandparents (parent deceased, parents' marriage dissolved, child born out of wedlock, or estrangement situations)
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Creates a new ground for seeking visitation when a grandparent or great-grandparent had meaningful contact with the child but visits were terminated due to estrangement between the parent and the grandparent/great-grandparent
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Establishes seven factors courts must consider for best interests determinations, including the child's age and sex, wishes of parents and grandparents/great-grandparents, wishes of children 14 and older, relationships between parties, mental and physical health, evidence of domestic violence, and whether the grandparent/great-grandparent has cared for the child
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Allows courts to order either party in visitation proceedings to pay reasonable costs including attorney's fees and mediation expenses, while exempting certain authorized agencies from paying such costs
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Takes effect upon passage and amends multiple sections of the Indiana Code concerning family law and juvenile law (IC 31-9-2-48.3, IC 31-14-14-3, IC 31-17, IC 31-19-2.5-3, IC 31-19-4.5)
Legislative Description
Grandparent and great-grandparent visitation. Allows great-grandparents to seek visitation rights with their great-grandchildren in certain circumstances. Allows a grandparent or great-grandparent to seek visitation if the grandparent or great-grandparent has had meaningful contact with the child but, as a result of an estrangement between the parent of the child and the grandparent or great-grandparent, the parent of the child terminated the child's visits with the grandparent or great-grandparent. Establishes factors for the court to consider in determining whether granting a grandparent or great-grandparent visitation rights is in the best interests of the child. Provides that a court may order a party to an action for grandparent or great-grandparent visitation to pay a reasonable amount for the cost to the other party of maintaining or defending the action, including costs for attorney's fees and mediation. Specifies that certain agencies are not required to pay costs. Makes conforming changes.
Last Action
Senator Bohacek added as coauthor
2/4/2019