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MS SB2765
Bill
Status
1/30/2018
Primary Sponsor
Lydia Chassaniol
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AI Summary
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Creates new Section 93-5-35 to allow courts to grant visitation rights to non-parent third parties or those standing in loco parentis under specified limited circumstances.
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Permits visitation petitions when: one parent is deceased or missing 3+ months; child born out of wedlock to unmarried parents; dissolution of marriage/separate maintenance proceedings are pending; or ongoing parent-child relationship exists.
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Requires petitioner to provide verified petition with detailed facts and serve notice to all legal parents, guardians, custody holders, and other relevant parties per Mississippi Rules of Civil Procedure.
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Courts must give special weight to legal parents' opinions of child's best interests and consider factors including historical relationship, motivations of parties, visitation time requested, and impact on child's activities.
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Visitation rights automatically terminate upon child adoption unless adopted by spouse of natural parent, are unavailable to those convicted of intentional homicide of a child's parent except under certain conditions, and do not apply when grandparents' visitation rights under Mississippi Code Title 93, Chapter 16 apply.
Legislative Description
Visitation; allow to third party under certain limited circumstances.
Last Action
Died In Committee
1/30/2018