AN ACT TO PROVIDE FOR AN EXPANSION OF RIGHTS UNDER EXISTING LAW PERTAINING TO GRANDPARENT VISITATION.
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, 2017, applying to actions for visitation rights commenced on or after that date.