2022 -- S 2642

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LC005386

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATION

     Introduced By: Senators McCaffrey, Murray, and Goodwin

     Date Introduced: March 10, 2022

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 15-5 of the General Laws entitled "Divorce and Separation" is hereby

amended by adding thereto the following section:

     15-5-24.6. Visitation rights - Great-Grandparents.

     (a) The family court, upon miscellaneous petition of a great-grandparent seeking visitation

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

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

great-grandchild to the petitioner.

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

set forth in a court order, the following findings of fact:

     (i) That it is in the best interest of the great-grandchild that the petitioner be granted

visitation rights with the great-grandchild;

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

grandchild;

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

the thirty (30) days immediately preceding the date the petition was filed and had not been allowed

to visit the great­grandchild, during the thirty (30) day period, as a direct result of the actions of

either, or both, parents of the great-grandchild;

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

without court intervention; and

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

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

grandchild, was reasonable.

     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 grant to great-grandparents the right to file a petition in family court seeking

visitation rights with their great-grandchildren, under certain circumstances, after visitation has

been denied as a direct result of the actions of either, or both, parents of the great-grandchild.

     This act would take effect upon passage.

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