This bill amends the criteria for courts to consider when determining grandparent visitation rights with minor children. It allows grandparents, both adoptive and natural, to petition for reasonable visitation rights, while excluding cases where access has been previously restricted. The bill introduces new criteria for the court's consideration, including the best interest of the child, the nature of the relationship between the grandparent and the child, and the circumstances leading to the absence of a nuclear family. Notably, it removes the requirement for the grandparent to have lived with the child for a specified length of time and instead allows for visitation if the grandparent acted as a primary caretaker for at least six months or had regular visitation for at least twelve months.

Additionally, the bill specifies that if a parent is unwed, the grandparent must provide proof of legitimation or paternity when filing a petition. It also allows for modifications to visitation orders based on changed circumstances, explicitly stating that changes in visitation frequency due to a parent's noncompliance do not qualify as changed circumstances. The bill clarifies that it does not affect the rights of the child or natural parents under existing laws. The act will take effect 60 days after passage and is projected to have a minimal fiscal impact.

Statutes affected:
Introduced: 461-A:13