2012 -- H 7500

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO DOMESTIC RELATIONS - DIVORCE AND SEPARATION

     Introduced By: Representatives Tarro, Serpa, Ucci, Silva, and Hull

     Date Introduced: February 09, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 15-5-24.3 and 15-5-24.4 of the General Laws in Chapter 15-5

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entitled "Divorce and Separation" are hereby amended to read as follows:

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     15-5-24.3. Visitation rights -- Grandparents and siblings. -- (a) (1) The family court,

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upon miscellaneous petition of a grandparent for visitation rights with the petitioner's grandchild,

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and upon notice to both parents of the child and notice to the child, and after a hearing on the

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petition, may grant reasonable rights of visitation of the grandchild to the petitioner.

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      (2) The court, in order to grant the petitioner reasonable rights of visitation, must find

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and set forth in writing the following findings of fact:

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      (i) That it is in the best interest of the grandchild that the petitioner is granted visitation

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rights with the grandchild;

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      (ii) That the petitioner is a fit and proper person to have visitation rights with the

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grandchild;

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      (iii) That the petitioner has repeatedly attempted to visit his or her grandchild during the

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ninety (90) days immediately preceding the date the petition was filed and was not allowed to

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visit the grandchild during the ninety (90) day period as a direct result of the actions of either, or

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both, parents of the grandchild;

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      (iv)(iii) That there is no other way the petitioner is able to visit his or her grandchild

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without court intervention; and

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      (v)(iv) That the petitioner, by clear and convincing evidence, has successfully rebutted

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the presumption that the parent's decision to refuse the grandparent visitation with the grandchild

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was reasonable.

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      (b) (1) The family court, upon miscellaneous petition of, or on behalf of, a sibling(s) for

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visitation rights with a minor brother(s), and/or step-brother(s), and/or sister(s), and/or step-

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sister(s) of the sibling(s) and upon notice to both parents of the minor and notice to the minor, and

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after a hearing on the petition, may grant reasonable rights of visitation of the minor to a

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sibling(s).

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      (2) The court, in order to grant a sibling reasonable rights of visitation, must find and set

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forth in writing the following findings of fact:

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      (i) That it is in the best interest of the minor that a sibling(s) be granted visitation rights

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with the minor;

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      (ii) That the sibling(s) is a fit and proper person to have visitation rights with the minor;

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      (iii) That the sibling(s) was not allowed to visit the minor during the ninety (90) day

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period immediately preceding the date the petition was filed as a direct result of the actions of

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either, or both, parents or guardians of the minor;

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      (iv)(iii) That there is no other way the sibling(s) is able to visit the minor without court

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intervention; and

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      (v)(iv) That the sibling(s), by clear and convincing evidence, has successfully rebutted

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the presumption that the parental decision to refuse the visitation with the minor was reasonable.

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      (c) The court may issue all necessary orders relative to the visitation rights it has granted.

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Once a petition has been granted, notice of any petition seeking a change in custody or visitation

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shall be served on the petitioner.

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     15-5-24.4. Sibling visitation rights. -- The family court, upon miscellaneous petition of a

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brother, sister, half-brother or half-sister, stepbrother, stepsister, or on behalf of any of those

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persons by his or her legal guardian, for visitation rights for the petitioner's sibling, half-sibling or

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stepsibling and upon notice to both parents of the child and notice to the child, and after a hearing

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on the petition, may grant reasonable rights of visitation of the sibling to the petitioner. The court,

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in order to grant reasonable rights of visitation, must find and set forth in writing the following

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findings of fact:

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      (1) That it is in the best interests of the child that the petitioner is granted visitation rights

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with the child;

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      (2) That the petitioner is a fit and proper person to have visitation rights with the child;

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      (3) That the petitioner has repeatedly attempted to visit his or her sibling, half-sibling or

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stepsibling during the six (6) months immediately preceding the date the petition was filed and

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was not allowed to visit the child during the six (6) month period as a direct result of the actions

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of either, or both, parents of the child;

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      (4)(3) There is no other way that the petitioner is able to visit his or her sibling, half-

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sibling or stepsibling without court intervention; and

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      (5)(4) That the petitioner, by clear and convincing evidence, has successfully rebutted

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the presumption that the parent's decision to refuse the petitioner's visitation with the child was

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reasonable.

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      (b) The court may issue all necessary orders relative to the visitation rights granted to the

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petitioner. Once the petitioner has been granted reasonable visitation rights, notice of any petition

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seeking a change in custody or visitation shall be served on the petitioner.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO DOMESTIC RELATIONS - DIVORCE AND SEPARATION

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     This act would eliminate the waiting requirement for a grandparent to file a

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miscellaneous petition for visitation.

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     This act would take effect upon passage.

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