Amends GS 50-13.2(b1), concerning visitation rights of grandparents under custody orders, providing that if there is no pending action regarding the custody of the child, a grandparent can institute an action or proceeding for visitation rights with the child. Allows a court to award visitation rights to a grandparent if by clear and convincing evidence the court determines the following: (1) there are compelling circumstances to overcome the presumption of the parent's right to determine the child's best interest; (2) a parent of the child is deceased, incapacitated due to a physical or mental disability, or incarcerated; and (3) visitation is in the best interest of the child. Sets out five factors for consideration the court can consider when determining if visitation is in the best interest of a child.
Effective October 1, 2015, applying to actions for visitation rights commenced on or after that date.
EXPAND GRANDPARENT VISITATION RIGHTS.
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View NCGA Bill Details | 2015-2016 Session |
AN ACT TO PROVIDE FOR AN EXPANSION OF RIGHTS UNDER EXISTING LAW PERTAINING TO GRANDPARENT VISITATION.Intro. by Waddell, Iler, Horn, Presnell.
Status: Ref To Com On Judiciary III (House Action) (Apr 1 2015)
Bill History:
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Tue, 31 Mar 2015 House: Filed
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Wed, 1 Apr 2015 House: Passed 1st Reading
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Wed, 1 Apr 2015 House: Ref To Com On Judiciary III
H 413
Bill Summaries:
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Bill H 413 (2015-2016)Summary date: Mar 31 2015 - View Summary
View: All Summaries for Bill