The bill amends the Child Custody Act of 1970 to update definitions and provisions related to child custody, particularly focusing on military deployment and the rights of grandparents and great grandparents. Key insertions include the definitions of "great grandparent" and "deployment," as well as clarifications regarding the roles of guardians ad litem and lawyer-guardians ad litem. The bill mandates that if a motion for change of custody is filed while a parent is on active duty, the court must not factor in the parent's absence due to military status when determining the child's best interests. It also allows for the consideration of grandparenting time under specific circumstances, such as during divorce proceedings or when a child's parent is deceased.

Additionally, the bill establishes that grandparents or great grandparents seeking visitation must prove that the parent's decision to deny such time poses a substantial risk of harm to the child's well-being. It outlines the process for filing motions for grandparenting time and the factors the court must consider in its determinations. The bill also stipulates that a grandparent or great grandparent may only file a complaint or motion once every two years unless good cause is shown, and it empowers the court to award reasonable attorney fees to the prevailing party. Importantly, it clarifies that grandparenting time orders do not confer parental rights and do not interfere with custody or adoption matters, with modifications or terminations of such orders requiring a substantial change in circumstances. Lastly, the bill specifies that adoption generally terminates the right of a grandparent or great grandparent to seek grandparenting time, with exceptions for deceased parents.

Statutes affected:
House Introduced Bill: 722.22