TO PROVIDE FOR AN EXPANSION OF RIGHTS UNDER EXISTING LAW REGARDING GRANDPARENT VISITATION.
Identical to H239, filed 3/8/11.
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.
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