HOUSE BILL REPORT

                 ESHB 1556

                    As Passed Legislature

Title:  An act relating to visitation.

Brief Description:  Creating a presumption that visitation by relatives such as grandparents is in a child's best interests.

Sponsors:  By House Committee on Law & Justice (originally sponsored by Representatives Wolfe, Boldt, Scott, Romero, B. Thomas, Johnson, Talcott, Delvin, Carrell, Campbell, Van Luven, Cooke, Dickerson, Kessler, Basich, Conway, Smith and Costa).

Brief History:

  Committee Activity:

Law & Justice:  2/15/95, 2/28/95 [DPS].

Floor Activity:

Passed House:  3/9/95, 97-0;

Passed House:  1/10/96, 93-0.

Senate Amended.

Ruled beyond scope.

Senate Receded.

Passed Legislature.

HOUSE COMMITTEE ON LAW & JUSTICE

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 16 members:  Representatives Padden, Chairman; Delvin, Vice Chairman; Hickel, Vice Chairman; Appelwick, Ranking Minority Member; Costa, Assistant Ranking Minority Member; Campbell; Carrell; Chappell; Cody; Lambert; Morris; Robertson; Sheahan; Smith; Thibaudeau and Veloria.

Minority Report:  Do not pass.  Signed by 1 member:  Representative McMahan.

Staff:  Pat Shelledy (786-7149).

Background:  When a married couple with children obtain a divorce, the court may order visitation rights for a person other than a parent when visitation may be in the child's best interest.  The third party may petition the court for visitation rights at any time.  The court may modify an order granting or denying visitation rights whenever modification would be in the child's best interest. 

Grandparents or other relatives are not granted special rights or consideration under the statute. 

Summary of Bill:  A person other than a parent may petition the court for visitation. The petition must be dismissed if the petitioner fails to prove by clear and convincing evidence that the petitioner has a significant relationship with the child.  If the court dismisses the petition, the court must order the petitioner to pay reasonable attorneys' fees and costs to the parent, parents, or other custodian who contests the petition.  Visitation may be granted if the court finds that visitation is in the child's best interests.  The court may consider a variety of factors when determining whether a petitioner's visitation is in the child's best interest.

Visitation with a grandparent is presumed to be in the child's best interests when a significant relationship exists between the child and the grandparent.  This presumption may be rebutted by the evidence. If the court finds that reasonable visitation would be in the child's best interests except for hostilities that exist between the parent and the grandparent, the court may refer the parties to mediation.

Any visitation granted must be incorporated into the parenting plan. 

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date of Bill:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Many grandparents have essentially raised their grandchildren because the parents are too young, are drug addicted, or otherwise incapable of raising their children.  When those parents get divorced, the grandparents may be completely cut off from the grandchildren because of hostilities of one or both of the parents towards the grandparents.  This bill will make it a little easier for grandparents to obtain court approval to continue to have contact or visitation with their grandchildren.  The bill will not create an automatic right of grandparents to continue to have contact with their grandchildren. 

Testimony Against:  None.

Testified:  Representative Wolfe, prime sponsor (pro); Gay Leeberg, citizen (pro); Muriel Campos, citizen (pro); Catherine Morgan, citizen (pro); Elizabeth Chambers, citizen (pro); and Gary Marsell, Washington Families for Noncustodial Rights (pro).