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MS SB2765

Bill

Status

Failed

1/30/2018

Primary Sponsor

Lydia Chassaniol

Click for details

Origin

Senate

2018 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary, Division A1/15/2018

Full Bill Text

No bill text available