Bill Text: HI HB172 | 2013 | Regular Session | Introduced

Hawaii House Bill 172 (Prior Session Legislation)

Introduced

Bill Title: Child Visitation; Rebuttable Presumption; Grandparents

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2013-02-14 - The committee(s) on HUS recommend(s) that the measure be deferred. [HB172 Detail]

Download: Hawaii-2013-HB172-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	172
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

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 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 is the home state of the child at the time of the commencement of the proceeding; and

(2) Reasonable visitation rights are in the best interest of the child[.] or that the denial of reasonable visitation rights would cause demonstrable harm to the child.

(b) In any proceeding on a petition filed pursuant to this section, there shall be a rebuttable presumption that the parent's decision regarding visitation of the minor child is in the best interests of the child. The presumption may be rebutted by a preponderance of the evidence that the denial of reasonable visitation rights would cause demonstrable harm to the child.

(c) The court shall consider the following factors when ruling on a petition for a grandparent's visitation rights of a minor child:

(1) The nature and extent of any pre-existing relationship between the child and the grandparent;

(2) Whether the child's parent or custodian has previously granted visitation of the child to the grandparent and 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 ever resided with the grandparent, either alone or with a parent and the dates and extent of the residence;

(5) Whether the grandparent has ever provided financial support to the child, including finances for food, clothing, education, or medical, dental, or mental health care;

(6) The grandparent's physical and mental ability to safely care for the minor child during visitation;

(7) All relevant factors in the safe family home factors under section 587A-7; and

(8) All relevant factors under section 571-46(a)(9) and (10) as they pertain to family violence committed by the grandparent or grandparents.

(d) 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.

(e) 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. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Child Visitation; Rebuttable Presumption; Grandparents

Description:

Establishes a rebuttable presumption that visitation decisions made by a parent of the child are in the best interests of the child. Presumption can be rebutted by a preponderance of the evidence of demonstrable harm to the child. Provides factors the court shall consider when ruling on a petition for child visitation by the grandparent.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.