SB 0086 Custody and Visitation Proceedings
Committee:CIVILR Number:L0278.02C
Last Action:05/15/95 - H Calendar S Bills for Third Reading w/HCS
Title:HCS/SB 86
Effective Date:August 28, 1995
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Current Bill Summary

HCS/SB 86 - This act would allow a non-custodial parent denied visitation rights to file a motion for contempt on simple pro se forms to be provided by the Clerk of the Court at a cost of fifteen dollars. Upon the filing of the motion, the Presiding Judge shall assign a Circuit or Associate Circuit Court Judge to hear the motion.

The judge shall set a time and place for the hearing not more than 21 days after the filing of the motion for contempt. The intentional withholding of visitation of a child from the other parent without just cause may justify a change of custody.

GRANDPARENTS' VISITATION: A court may grant grandparent visitation when: 1) the parents have filed for dissolution; 2) a surviving parent is denying visitation rights to a parent of the deceased parent; 3) the child has resided in the grandparent's home for at least six months out of the last twenty-four; 4) if access to the child is denied for more than ninety days, unless the parents are legally married and living together.

A relative demonstrating a "substantial relationship" shall be permitted to intervene in an action to terminate parental rights in a juvenile court. Current actual custody or prior periods of actual custody, of at least 90 days within the last two years or 30 days within the last year if the child is under fifteen months of age, are to be included in the definition of "substantial relationship".

Petitioning relatives are to be given equal preference with non-relatives in custody cases where the best interests of the child dictate that neither of the parents be given custody. Any relative may intervene to seek custody of a minor child. "Relative" means a person related by blood or affinity within the third degree. The status of a grandparent is not affected by death or divorce.