H-4208              _______________________________________________

 

                                                   HOUSE BILL NO. 1747

                        _______________________________________________

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Representatives Vekich, Addison, Winsley, Brough, Silver, Isaacson, Hankins, Fisch and Jacobsen

 

 

Read first time 1/23/86 and referred to Committee on Judiciary.

 

 


AN ACT Relating to child custody; amending RCW 26.09.240; and adding a new section to chapter 11.02 RCW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  Section 24, chapter 157, Laws of 1973 1st ex. sess. as amended by section 1, chapter 271, Laws of 1977 ex. sess. and RCW 26.09.240 are each amended to read as follows:

          A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger the child's physical, mental, or emotional health.  The court may order visitation rights for any person when visitation may serve the best interest of the child whether or not there has been any change of circumstances.

          Any person may petition the court for visitation rights at any time including, but not limited to, custody proceedings.  Any grandparent so petitioning the court shall be granted visitation rights unless the court finds that such visitation would not be in the best interest of the child.

          The court may modify an order granting or denying visitation rights whenever modification would serve the best interests of the child but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger the child's physical, mental, or emotional health.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 11.02 RCW to read as follows:

          Upon the death of the parent of a child, a grandparent of the child may at any time petition the court for visitation rights to the child.  A grandparent so petitioning the court shall be granted visitation rights unless the court finds that such visitation would not be in the best interest of the child.