HB 7244 — AN ACT CONCERNING A GRANDPARENT'S RIGHT TO VISITATION WITH HIS OR HER GRANDCHILD.

General Assembly   RaisedSubstitute Bill No.

7244 January Session, 2017   LCO*_____HB07244JUD___040717____* No.AN ACT CONCERNING A GRANDPARENT'S RIGHT TO VISITATION WITH HIS OR HER GRANDCHILD.

4890   *04890_______JUD* Referred to Committee on JUDICIARY   Introduced by:

  (JUD)   AN ACT CONCERNING A GRANDPARENT'S RIGHT TO VISITATION WITH HIS OR HER GRANDCHILD.

(a) As used in this section,section: [:

and (2) "Real and significant harm"] "real and significant harm" means that the minor child is neglected, as defined in section 46b-120, or uncared for, as defined in said section.

(b) Any person,person other than a grandparent, as defined in section 2 of this act, may submit a verified petition to the Superior Court for the right of visitation with any minor child.child, [.

Such petition] except that if a verified petition shallhas includebeen specificfiled andby good-faitha allegationsgrandparent thatand (1) aeither parent-likeor relationshipboth existsparents betweenof the personminor andchild are deceased, (2) the parents of the minor child,child are divorced, or (3) the parents of the minor child are living separate and (2)apart denialin different habitats, the verified petition for the right of visitation wouldshall causebe realdetermined andin significantaccordance harm.with the provisions of section 2 of this act.

SubjectA toverified subsectionpetition [(e)]submitted (d)under of this section,section the court shall grantinclude thespecific right of visitation with any minor child to any person if the court finds after hearing and bygood-faith clearallegations andthat convincing[(1)] evidence(A) that a parent-like relationship exists between the person and the minor childchild, and [(2)] (B) denial of visitation would cause real and significant harm.

Subject to subsection (e) of this section, the court shall grant the right of visitation with any minor child to any person if the court finds after hearing and by clear and convincing evidence that a parent-like relationship exists between the person and the minor child and denial of visitation would cause real and significant harm.

[(d)(d) In determining whether a parent-like relationship exists between a grandparent seeking visitation pursuant to this section and a minor child, the Superior Court may consider, in addition to the factors enumerated in subsection (c) of this section, the history of regular contact and proof of a close and substantial relationship between the grandparent and the minor child.]child. [(e)] (d) If the Superior Court grants the right of visitation pursuant to subsection (b) of this section, the court shall set forth the terms and conditions of visitation including, but not limited to, the schedule of visitation, including the dates or days, time and place or places in which the visitation can occur, whether overnight visitation will be allowed and any other terms and conditions that the court determines are in the best interest of the minor child, provided such conditions shall not be contingent upon any order of financial support by the court.

(e) If the Superior Court grants the right of visitation pursuant to subsection (b) of this section, the court shall set forth the terms and conditions of visitation including, but not limited to, the schedule of visitation, including the dates or days, time and place or places in which the visitation can occur, whether overnight visitation will be allowed and any other terms and conditions that the court determines are in the best interest of the minor child, provided such conditions shall not be contingent upon any order of financial support by the court.

In determining the terms and conditions of visitation, the court may consider (1) the effect that such visitation will have on the relationship between the parents or guardians of the minor child and the minor child, and (2) the effect on the minor child of any domestic violence that has occurred between or among the parents, [grandparents,]grandparents, persons seeking visitation and the minor child.

[(f)](f) (e) Visitation rights granted in accordance with this section shall not be deemed to have created parental rights in the person or persons to whom such visitation rights are granted, nor shall such visitation rights be a ground for preventing the relocation of the custodial parent.

[(g)](g) (f) Upon motion, the court may order the payment of fees for another party, the attorney for the minor child, the guardian ad litem, or any expert by any party in accordance with such party's financial ability.

(b) Any grandparent may submit a verified petition under this section to the Superior Court for the right of visitation with anya minor child.child, as described in subdivision (1) of subsection (a) of this section, when (1) either or both parents of the minor child are deceased, (2) the parents of the minor child are divorced, or (3) the parents of the minor child are living separate and apart in different habitats.

(1)(A) The child's parents or guardians are unreasonably depriving the grandparent of the opportunity to visit with the minor child;

(2)(B) awarding the grandparent visitation will not interfere with the relationship between the minor child and the parents or guardians;

and (3)(C) (A)(i) the minor child's parents or guardians are unfit, or (B)(ii) there are compelling circumstances to overcome the presumption that the decision by the parents or guardians to deny the grandparent visitation is in the best interest of the minor child.child, provided any determination by the court as to the best interest of the minor child shall be made utilizing Judicial Branch resources and at no cost to the parties.

2 October 1, 2017 New section StatementJUD ofJoint Purpose:Favorable Subst.

To allow a grandparent the right of visitation with a minor child upon demonstrating to the court that clear and convincing circumstances support the granting of such visitation.

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]