S 1124 — DOMESTIC RELATIONS – Repeals and adds to existing law to establish provisions regarding visitation rights for grandparents and great-grandparents.

11241124, As Amended BY JUDICIARY AND RULES COMMITTEE AN ACT RELATING TO DOMESTIC RELATIONS;

It is the intent of the leg- islature, in enacting this chapter, to preserve children's relationships with their grandparents or great-grandparentsgreat-grandparents. when access to such children is being unreasonably restricted or denied by a parent or both parents.

and (2) Subject to this constitutionally required deference, provide a method by which grandparents and great-grandparents may obtain visitation rights whenwith access to a childchild. is being unreasonably restricted or denied by a parent or both parents.

AsFor usedpurposes inof this chapter:

"Parent" may include a stepparent if the stepparent, in the opinion of the district court, plays or has played a significant parental role in the child's life.

(6) "Visitation" means contact with a grandchild or great-grandchild, whether in-person contact, phone contact, electronic mail contact, social media contact, or other means of in-person or virtual contact.

"Visitation" does not include legal or physical custody rights over the child and does not include decision-making authority over the health, safety, education, or general welfare of the child.

(1) A child's grandparent or great-grandparent may file with the district court a petition for visitation rights whenwith accessthe tochild. a child is being unreasonably restricted or denied by a parent.

(2) The district court mayshall grantapply a petitionrebuttable andpresumption issuein anfavor orderof estab-a lishingfit reasonableparent's visitationdecision rightsregarding ifvisitation, thewhich courtpresumption findscan thatonly suchbe overcome by clear and convincing evidence that visitation rightswould arebe in the best interests of the childchild, orin ifaccordance awith courtthe infactors anotherset stateforth hasin orderedsec- visitationtion rights32-1804, toIdaho theCode. petitioner.

(3) The district court shall applygive athe rebuttable presumption in favor of a fit parent's decision regardingspecial visitationweight rightswhen withconsidering athe grandparentparent's orevidence great-grandparent,and which means that the courtpetitioner's shallrebuttal affordevi- adence. fit parent's decision special weight.

(4) AThe grandparentdistrict orcourt great-grandparentshall cannot rebutsubstitute theits presumptionopinion inon fa- vor of a fit parent's decision regarding visitation onlyfor by clear and con- vincing evidence that the visitation is in the best interests of thea child.fit parent.

(5) The district court may awardgrant reasonablea attorney'spetition feesand toissue thean pre-order vailingestab- partylishing orreasonable partiesvisitation whenrights if the court finds that thesuch petitionvisitation wasis brought,in pursued,the orbest defendedinterests frivolously,of unreasonably,the orchild. without foundation.

(6) In cases where both parents have custodial time with the child, the district court shall award visitation only during the scheduled custody time of the parent to whom the petitioner is a parent or grandparent, as defined in this chapter.

(7) The district court may award reasonable attorney fees to the parent when the court finds that the petition was brought or pursued unreasonably, frivolously, or without foundation.

(8) The district court shall make findings of fact and conclusions of law in support of visitation awards made under this chapter.

In determining whether visitation would be in the best interests of a child, the district court shall consider all relevant factors including, but not limited to:

(2) The lengthlength, nature, and quality of the relationship between the petitionerpe- titioner and the child;

(4) The potential detriments and benefits to the child in granting or denying visitation;

(5) The effect that granting or denying visitation would have on the child's relationshiprela- tionship with the parent;

(8) AnyThe historycharacter ofand abusefitness or neglect of the child;petitioner;

and (9) WhetherThe thererelationship hasbetween beenthe a court-ordered termination of parental rights of a parent toand whom the petitionerpetitioner; is related.

and (10) The wishes and preferences of the parent regarding visitation.