Introduced By: Senators Enos, Paiva Weed, Coderre T, Goodwin and Parella
Date Introduced : January 6, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Section 15-5-24.3 of the General Laws in Chapter 15-5 entitled "Divorce and Separation" is 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 hearing thereon, may grant reasonable rights of visitation of the grandchild to the petitioner.
(2) The court, in order to grant 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 petitioner be 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 {DEL six (6) months DEL} {ADD ninety
(90) days ADD} immediately preceding the date the petition was
filed and was not allowed to visit the grandchild during the {DEL six
(6) month DEL} {ADD ninety (90) day ADD} 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 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 such sibling(s) and upon notice to both parents of such minor and notice to such minor, and after hearing thereon, may grant reasonable rights of visitation of such 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; and
(ii) That the sibling(s) is a fit and proper person to have visitation rights with the minor; and
(iii) That the sibling(s) was not allowed to visit the minor during
the {DEL six (6) month DEL} {ADD ninety (90) day ADD} period
immediately preceding the date the petition was filed as a direct
result of the actions of either, or both parents or guardians
of said minor; and
(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.
(c) The court may issue all necessary orders relative to the visitation rights it has granted. Once a petition has been granted, 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.
