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 specifying that these provisions do not apply if the grandparent's access to the child has been previously restricted. The bill introduces new criteria for the court's consideration, including the grandparent's relationship with the child, the child's best interests, and the nature of the relationship between the grandparent and the child's parents. Notably, it removes the requirement for the grandparent to have lived with the child for a certain 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 clarifies that if the child's 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 with a prior order do not qualify as changed circumstances. The bill is set to take effect 60 days after its passage and is projected to have a minimal fiscal impact of less than $10,000 in each fiscal year from 2025 to 2028.
Statutes affected: Introduced: 461-A:13