Chapter 12-190

Chapter 190

2012 -- H 7500 SUBSTITUTE A

Enacted 06/11/12

A N A C T

RELATING TO DOMESTIC RELATIONS - DIVORCE AND SEPARATION

Introduced By: Representatives Tarro, Serpa, Ucci, Silva, and Hull

Date Introduced: February 09, 2012

It is enacted by the General Assembly as follows:

SECTION 1. Sections 15-5-24.3 and 15-5-24.4 of the General Laws in Chapter 15-5

entitled "Divorce and Separation" are hereby amended to read as follows:

15-5-24.3. Visitation rights -- Grandparents and siblings. -- (a) (1) The family court,

upon miscellaneous petition of a grandparent for visitation rights with the petitioner's 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 grandchild to the petitioner.

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

and set forth in writing the following findings of fact:

(i) That it is in the best interest of the grandchild that the petitioner is granted visitation

rights with the grandchild;

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

grandchild;

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

~~ninety~~ ~~(90)~~ thirty (30) days immediately preceding the date the petition was filed and was not

allowed to visit the grandchild during the ~~ninety (90)~~ thirty (30) day period as a direct result of

the actions of either, or both, parents of the grandchild;

(iv) That there is no other way the petitioner is able to visit his or her 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 grandparent visitation with the grandchild was

reasonable.

(b) (1) The family court, upon miscellaneous petition of, or on behalf of, a sibling(s) for

visitation rights with a minor brother(s), and/or step-brother(s), and/or sister(s), and/or step-

sister(s) of the sibling(s) and upon notice to both parents of the minor and notice to the minor, and

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

sibling(s).

(2) The court, in order to grant a sibling reasonable rights of visitation, must find and set

forth in writing the following findings of fact:

(i) That it is in the best interest of the minor that a sibling(s) be granted visitation rights

with the minor;

(ii) That the sibling(s) is a fit and proper person to have visitation rights with the minor;

(iii) That the sibling(s) was not allowed to visit the minor during the ~~ninety (90)~~ thirty

(30) day period immediately preceding the date the petition was filed as a direct result of the

actions of either, or both, parents or guardians of the minor;

(iv) That there is no other way the sibling(s) is able to visit the minor without court

intervention; and

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

presumption that the parental decision to refuse the visitation with the minor was reasonable.

Once a petition has been granted, notice of any petition seeking a change in custody or visitation

shall be served on the petitioner.

15-5-24.4. Sibling visitation rights. – (a) The family court, upon miscellaneous petition of a

brother, sister, half-brother or half-sister, stepbrother, stepsister, or on behalf of any of those

persons by his or her legal guardian, for visitation rights for the petitioner's sibling, half-sibling or

stepsibling 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 sibling to the petitioner. The court,

in order to grant reasonable rights of visitation, must find and set forth in writing the following

findings of fact:

(1) That it is in the best interests of the child that the petitioner is granted visitation rights

with the child;

(2) That the petitioner is a fit and proper person to have visitation rights with the child;

(3) That the petitioner has repeatedly attempted to visit his or her sibling, half-sibling or

stepsibling during the ~~six (6) months~~ thirty (30) days immediately preceding the date the petition was

filed and was not allowed to visit the child during the ~~six (6) month~~ thirty (30) day period as a

direct result of the actions of either, or both, parents of the child;

(4) There is no other way that the petitioner is able to visit his or her sibling, half-sibling

or stepsibling without court intervention; and

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

presumption that the parent's decision to refuse the petitioner's visitation with the child was

reasonable.

(b) The court may issue all necessary orders relative to the visitation rights granted to the

petitioner. Once the petitioner has been granted reasonable visitation rights, notice of any petition

seeking a change in custody or visitation shall be served on the petitioner.

SECTION 2. This act shall take effect upon passage.

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LC00727/SUB A/3

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