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ENGROSSED
SUBSTITUTE HOUSE BILL 1556
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Passed
Legislature - 1996 Regular Session
State of Washington 54th
Legislature 1995 Regular Session
By
Read first time 03/01/95.
Revising procedures
for determining visitation rights for persons other than a parent.
AN ACT
Relating to visitation; and amending RCW 26.09.240.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
26.09.240 and 1989 c 375 s 13 are each amended to read as follows:
((The
court may order visitation rights for a person other than a parent when
visitation may serve the best interest of the child whether or not there has
been any change of circumstances.
A
person other than a parent may petition the court for visitation rights at any
time.
The
court may modify an order granting or denying visitation rights whenever
modification would serve the best interests of the child.)) (1)
A person other than a parent may petition the court for visitation with a child
at any time or may intervene in a pending dissolution, legal separation, or
modification of parenting plan proceeding. A person other than a parent may
not petition for visitation under this section unless the child's parent or
parents have commenced an action under this chapter.
(2)
A petition for visitation with a child by a person other than a parent must be
filed in the county in which the child resides.
(3)
A petition for visitation or a motion to intervene pursuant to this section
shall be dismissed unless the petitioner or intervenor can demonstrate by clear
and convincing evidence that a significant relationship exists with the child
with whom visitation is sought. If the petition or motion is dismissed for
failure to establish the existence of a significant relationship, the petitioner
or intervenor shall be ordered to pay reasonable attorney's fees and costs to
the parent, parents, other custodian, or representative of the child who
responds to this petition or motion.
(4)
The court may order visitation between the petitioner or intervenor and the
child between whom a significant relationship exists upon a finding supported
by the evidence that the visitation is in the child's best interests.
(5)(a)
Visitation with a grandparent shall be presumed to be in the child's best
interests when a significant relationship has been shown to exist. This
presumption may be rebutted by a preponderance of evidence showing that
visitation would endanger the child's physical, mental, or emotional health.
(b)
If the court finds that reasonable visitation by a grandparent would be in the
child's best interest except for hostilities that exist between the grandparent
and one or both of the parents or person with whom the child lives, the court
may set the matter for mediation under RCW 26.09.015.
(6)
The court may consider the following factors when making a determination of the
child's best interests:
(a)
The strength of the relationship between the child and the petitioner;
(b)
The relationship between each of the child's parents or the person with whom
the child is residing and the petitioner;
(c)
The nature and reason for either parent's objection to granting the petitioner
visitation;
(d)
The effect that granting visitation will have on the relationship between the
child and the child's parents or the person with whom the child is residing;
(e)
The residential time sharing arrangements between the parents;
(f)
The good faith of the petitioner;
(g)
Any criminal history or history of physical, emotional, or sexual abuse or
neglect by the petitioner; and
(h)
Any other factor relevant to the child's best interest.
(7)
The restrictions of RCW 26.09.191 that apply to parents shall be applied to a
petitioner or intervenor who is not a parent. The nature and extent of
visitation, subject to these restrictions, is in the discretion of the court.
(8)
The court may order an investigation and report concerning the proposed
visitation or may appoint a guardian ad litem as provided in RCW 26.09.220.
(9)
Visitation granted pursuant to this section shall be incorporated into the
parenting plan for the child.
(10)
The court may modify or terminate visitation rights granted pursuant to this
section in any subsequent modification action upon a showing that the
visitation is no longer in the best interest of the child.
