2017 -- H 5903

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LC002134

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO DOMESTIC RELATIONS - VISITATION RIGHTS

     

     Introduced By: Representatives Lombardi, Coughlin, Solomon, Shanley, and Mendonca

     Date Introduced: March 10, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 15-5-24.3 of the General Laws in Chapter 15-5 entitled "Divorce

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and Separation" is hereby amended to read as follows:

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     15-5-24.3. Visitation rights -- Grandparents and siblings.

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     (a) (1) The family court, upon miscellaneous petition of a grandparent for visitation rights

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with the petitioner's grandchild, and upon notice to both parents of the child and notice to the

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child, and after a hearing on the petition, may grant reasonable rights of visitation of the

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grandchild to the petitioner.

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

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set forth in writing the following findings of fact:

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     (i) That it is in the best interest of the grandchild as determined on a case-by-case basis

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that the petitioner is granted visitation rights with the grandchild;.

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     In considering whether it is in the child's best interests, the courts shall consider all the

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relevant factors including, but not limited to:

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     (A) The nature of the relationship between the child and the grandparent seeking

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visitation;

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     (B) The amount of time the grandparent and child spent together;

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     (C) The potential detriments and benefits to the child from granting visitation;

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     (D) The potential effect of granting visitation on the parent child relationship;

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     (E) The preferences of the grandchild who is of sufficient intelligence, understanding,

 

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and experience to express a preference; and

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     (F) The reasons that the parent(s) believe that it is not in their child's best interests to have

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visitation with the grandparent(s).

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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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thirty (30) days immediately preceding the date the petition was filed and was not allowed to visit

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the grandchild during the thirty (30) day period as a direct result of the actions of either, or both,

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parents of the grandchild;

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     (iv) That there is no other way the petitioner is able to visit his or her grandchild without

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court intervention; and

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

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

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reasonable.

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     (vi) The court may assess the reasonable attorney's fees incurred by the parent(s) to the

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grandparent(s) if the petition for visitation is denied.

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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 thirty (30) 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) 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) That the sibling(s), by clear and convincing evidence, has successfully rebutted the

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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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     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 - VISITATION RIGHTS

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     This act would establish guidelines for the family court to use to decide petitions for

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visitation by grandparents based on a best interest of the grandchild standard.

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     This act would take effect upon passage.

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