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2021 SPECIAL SESSION I

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SB 1325 Visitation; petition of grandparent.

Introduced by: Siobhan S. Dunnavant | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Visitation; petition of grandparent. Allows a grandparent who has petitioned the court for visitation of a minor grandchild, in cases where the parent of the minor grandchild is deceased or incapacitated, to introduce evidence of such deceased or incapacitated parent's consent to visitation with the grandparent. The bill provides that if the parent's consent is proven by a preponderance of the evidence, the court may then determine if grandparent visitation is in the best interest of the minor grandchild.

SUMMARY AS PASSED SENATE:

Visitation; petition of grandparent. Allows a grandparent who has petitioned the court for visitation of a minor grandchild, in cases where the parent of the minor grandchild is deceased or incapacitated, to introduce evidence of such deceased or incapacitated parent's consent to visitation with the grandparent. The bill provides that if the parent's consent is proven by a preponderance of the evidence, the court may determine the issue of grandparent visitation in the best interest of the minor grandchild.

SUMMARY AS INTRODUCED:

Visitation; petition of grandparent. Requires the court, in petitions for visitation filed by the grandparent of a child where either (i) the parent is the grandparent's child and is deceased, incarcerated, or incapacitated, or has had his parental rights terminated or (ii) the grandparent has an established relationship with the child and has provided a significant level of care for the child, to consider the following factors: (a) the historical relationship between the grandparent and child; (b) the motivation of the grandparent in seeking visitation; (c) the motivation of the living parent in denying visitation to the grandparent; (d) the quantity of time requested and the effect it will have on the child's daily activities; and (e) the benefits of maintaining a relationship with the extended family of the deceased parent.