Bill Summary for H 239 (2011-2012)

Summary date: 

Mar 7 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 239 (Public) Filed Friday, March 4, 2011
TO PROVIDE FOR AN EXPANSION OF RIGHTS UNDER EXISTING LAW REGARDING GRANDPARENT VISITATION.
Intro. by Brisson, Howard, Hurley.

View: All Summaries for BillTracking:

Bill summary

Amends GS 50-13.2A to direct the court to determine grandparent visitation rights on a case-by-case basis, including the time, place, and circumstances of visitation. Specifies that visitation does not include custody for the purposes of GS 50-13.2A. Clarifies that a court may award visitation rights only if visitation is in the best interest of the child. Instructs the court to consider each of seven enumerated criteria when determining the best interest of the child. States that there is a rebuttable presumption that grandparent visitation is not in the best interest of the child, if the child’s biological parents agree that the grandparent should not receive visitation rights. Makes technical and clarifying changes. Deletes conditional language placed on a child, in relation to grandparent’s visitation rights, and makes a conforming change to the section heading.
Amends GS 50-13.2(b1) and 50-13.5(j) to delete the description of grandparent, as used in those subsections.

Applies to actions for visitation rights commenced on or after the date the act becomes law.

© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view