Bill Text: HI SB2858 | 2022 | Regular Session | Amended
Bill Title: Relating To Child Visitation.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2022-02-17 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [SB2858 Detail]
Download: Hawaii-2022-SB2858-Amended.html
|
THE SENATE |
S.B. NO. |
2858 |
|
THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CHILD VISITATION.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 571-46.3, Hawaii Revised Statutes, is amended to read as follows:
"§571-46.3
Grandparents' visitation rights;
petition; notice; order. (a) A grandparent or the grandparents of a minor
child may file a petition with the court for an order of reasonable visitation
rights. The court may award reasonable
visitation rights provided that the following [criteria are met:] findings
are made:
(1) [This]
The State is the home state of the child at the time of the commencement
of the proceeding; and
(2) [Reasonable
visitation rights are in the best interests of the child.] The petitioner's
child who is the parent of the minor child is otherwise unable to exercise parental
visitation of the minor child.
(b) Notwithstanding subsection (a),
the court may award reasonable grandparent visitation rights if the parent is
unable to exercise their parental right of visitation due to incarceration or
death.
(c) No hearing for an order of reasonable
visitation rights under this section shall [be had unless] commence until
each of the living parents and the child's custodians [shall have had] are
provided due notice, actual or constructive, of the allegations of the
petition and of the time and place of the hearing [thereof].
(d) In any proceeding on a petition filed pursuant
to this section, there shall be a rebuttable presumption that a parent's decision
regarding visitation is in the best interest of the child. The presumption may be rebutted by a preponderance
of the evidence that denial of reasonable grandparent visitation rights would cause
significant harm to the child.
(e) In awarding reasonable grandparent visitation,
the court shall be guided by all standards, considerations, and procedures for parent
visitation rights under section 571-46.
(f) An order [made] issued pursuant
to this section shall be enforceable by the court, and the court may issue
other orders to carry out these enforcement powers if in the best interests of
the child.
(g) In the case where a grandparent or the grandparents of a minor child violate the terms and conditions of an order awarding reasonable visitation rights pursuant to subsection (a), the grandparent or grandparents shall be subject to sanctions as determined by the court and in accordance with section 571-81."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Child Custody; Grandparent Visitation
Description:
Allows grandparents of a minor child to be awarded reasonable visitation rights when the child's parent is unable to exercise parental visitation. Sets forth procedures, considerations, and standards for the court to grant grandparent visiting rights. Specifies that a violation of the terms and conditions of the court order granting grandparent reasonable visiting rights is punishable as contempt of court. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
