This bill amends the existing law regarding grandparents' visitation rights by expanding the criteria that courts must consider when determining visitation petitions. Key changes include the removal of the requirement that a grandparent must have lived with the child for a specified length of time, replacing it with new criteria that allows for consideration of whether the grandparent acted as a primary caretaker for at least six months, or had regular visitation for at least twelve months. Additionally, the bill clarifies that the court must consider various factors, including the best interest of the child, the nature of the relationships involved, and any recommendations from guardians ad litem.

Furthermore, the bill stipulates that petitions for visitation must be filed in the court with jurisdiction over divorce or legal separation cases, and it introduces a requirement for unwed parents to provide proof of legitimation or paternity when a grandparent files a petition. The bill 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 act is set to take effect 60 days after passage and is projected to have a minimal fiscal impact.

Statutes affected:
Introduced: 461-A:13