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THE SENATE |
S.B. NO. |
2368 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CHILD VISITATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 571-46.3, Hawaii Revised Statutes, is amended to read as follows:
"§571-46.3 Grandparents' visitation rights; petition; notice; order. (a) A grandparent or the grandparents of a minor child who has attained years of age may file a petition with the court for an order of reasonable visitation rights. The court may award reasonable visitation rights; provided that the following criteria are met:
(1) This [State] state is the home
state of the child at the time of the commencement of the proceeding; and
(2) [Reasonable] There is clear and
convincing evidence that denial of reasonable visitation rights [are in
the best interests of] would cause significant harm to the child.
(b) In any proceeding on a petition filed under this section, there shall be a rebuttable presumption that the parent's decision regarding visitation is in the best interests of the child. The presumption may be rebutted by clear and convincing evidence that denial of reasonable visitation rights would cause significant harm to the child. In ruling on the petition, the court may consider factors including the following:
(1) The nature and extent of any pre-existing or prior relationship between the child and the grandparent;
(2) Whether the grandparent has previously been granted visitation by the child's parent or custodian and if so, the nature and extent of the visitation;
(3) Whether the grandparent has previously been awarded visitation rights or custody of the child by a court;
(4) Whether the child has resided with the grandparent, either alone or with a parent or custodian, and if so, how recently and for how long;
(5) Whether the grandparent was a primary caregiver for the child and if so, for how long;
(6) Whether the grandparent has provided financial support to the child, including for food, clothing, education, and medical, dental, or mental health care;
(7) The amount of visitation time requested and the potential for adverse impact on the child's customary activities;
(8) The physical and mental health of the child and the grandparent;
(9) The good faith of the grandparent and the parent or custodian denying visitation;
(10) If the parent or custodian has denied the grandparent visitation or substantially restricted visitation previously granted, whether the reason given, if any, bears on the grandparent's ability to safely care for the child during visitation or relates to an issue between the grandparent and parent not directly related to safe care of the child during visitation;
(11) The child's preference, if the child is of sufficient age to state a preference;
(12) Any relevant factor in the safe family home guidelines under section 587-25; and
(13) Any other factor that establishes that the loss of relationship between the grandparent and the child is likely to harm the child's mental, physical, or emotional health.
(c) No hearing for an order of reasonable visitation rights under this section shall be had unless each of the living parents and the child's custodians shall have had due notice, actual or constructive, of the allegations of the petition and of the time and place of the hearing thereof.
(d) An order made pursuant to this section shall be enforceable by the court, and the court may issue other orders to carry out these enforcement powers if in the best interests of the child."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 1, 2050.
Report Title:
Child Custody; Grandparent Visitation
Description:
Permits family court to award reasonable visitation to the grandparents of a child of unspecified age if denial of visitation would cause significant harm to the child. Establishes presumption that visitation decisions by parents are in the best interests of the child. Identifies factors court may consider in awarding visitation. (SB2368 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.