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 | |
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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: | |
1 | SECTION 1. Chapter 15-5 of the General Laws entitled "Divorce and Separation" is hereby |
2 | amended by adding thereto the following section: |
3 | 15-5-24.6. Visitation rights - Great-Grandparents. |
4 | (a) The family court, upon miscellaneous petition of a great-grandparent seeking visitation |
5 | rights with the petitioner's great-grandchild, and upon notice to both parents of the child and notice |
6 | to the child, and after a hearing on the petition, may grant reasonable rights of visitation of the |
7 | great-grandchild to the petitioner. |
8 | (b) The court in order to grant the petitioner reasonable rights of visitation, must find and |
9 | set forth in a court order, the following findings of fact: |
10 | (i) That it is in the best interest of the great-grandchild that the petitioner be granted |
11 | visitation rights with the great-grandchild; |
12 | (ii) That the petitioner is a fit and proper person to have visitation rights with the great- |
13 | grandchild; |
14 | (iii) That the petitioner has repeatedly attempted to visit his or her great-grandchild during |
15 | the thirty (30) days immediately preceding the date the petition was filed and had not been allowed |
16 | to visit the greatgrandchild, during the thirty (30) day period, as a direct result of the actions of |
17 | either, or both, parents of the great-grandchild; |
18 | (iv) That there is no other way the petitioner is able to visit his or her great-grandchild, |
19 | without court intervention; and |
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1 | (v) That the petitioner, by clear and convincing evidence, has successfully rebutted the |
2 | presumption that the parent's decision to refuse the great-grandparent visitation with the great- |
3 | grandchild, was reasonable. |
4 | 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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1 | This act would grant to great-grandparents the right to file a petition in family court seeking |
2 | visitation rights with their great-grandchildren, under certain circumstances, after visitation has |
3 | been denied as a direct result of the actions of either, or both, parents of the great-grandchild. |
4 | This act would take effect upon passage. |
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