The bill amends the Child Custody Act of 1970 to enhance the legal framework surrounding child custody disputes, particularly focusing on the roles of grandparents and great-grandparents. Key insertions include definitions for "great grandparent" and "deployment," as well as clarifications regarding the responsibilities of attorneys and guardians ad litem. Notably, the bill stipulates that if a parent is on active duty and a motion for change of custody is filed, the court must not factor in the parent's absence due to military service when determining the child's best interests. Additionally, it allows grandparents and great-grandparents to seek visitation rights under specific circumstances, such as during divorce proceedings or following the death of a child's parent.

The bill further outlines the process for grandparents and great-grandparents to request visitation, requiring an affidavit to support their request and establishing a presumption that a fit parent's decision to deny visitation does not harm the child's well-being. If this presumption is challenged, the court will evaluate various factors to determine the child's best interests. It also sets limitations on how often grandparents or great-grandparents can file complaints or motions, mandates that any changes to visitation orders must be based on evidence of changed circumstances, and clarifies that such orders do not confer parental rights or interfere with custody or adoption proceedings. Lastly, the bill specifies that adoption generally terminates the right to seek grandparenting or great grandparenting time, with exceptions for relatives of deceased parents.

Statutes affected:
House Introduced Bill: 722.22