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NC H505
Bill
Status
3/28/2017
Primary Sponsor
Donny Lambeth
Click for details
AI Summary
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Allows grandparents to institute independent legal actions for visitation rights with grandchildren even when there is no pending custody case.
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Requires courts to find by clear and convincing evidence that compelling circumstances exist to overcome parental presumptions, that a parent is deceased/incapacitated/incarcerated, and that visitation serves the child's best interest.
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Directs courts to consider grandparent's willingness to encourage parent-child relationships, child's willingness to develop relationship with grandparent, custodial parent's reasonableness regarding past visitation, and good faith participation in mediation.
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Expands the definition of "grandparent" to include biological grandparents of children adopted by stepparents or relatives where a substantial relationship exists.
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Becomes effective October 1, 2017, and applies to visitation actions commenced on or after that date.
Legislative Description
Expand Grandparent Visitation Rights
Last Action
Ref to the Com on Aging, if favorable, Health, if favorable, Judiciary IV
3/29/2017