SB 1325

Abstract

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.

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