H-0778.2  _______________________________________________

                          HOUSE BILL 1556

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Wolfe, Boldt, Scott, Romero, B. Thomas, Johnson, Talcott, Delvin, Carrell, Campbell, Van Luven, Cooke, Dickerson, Kessler, Basich, Conway, Smith and Costa

Read first time 01/30/95.  Referred to Committee on Law & Justice.

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

    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:

(1) 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.

(2)(a) Reasonable visitation by a grandparent is presumed to be in the child's best interest if the grandparent has been a primary caretaker of the child or has had substantial and regular contact with the child.  This presumption may be overcome by a preponderance of the evidence showing that such visitation would endanger the child's physical, mental, or emotional health.  The court may consider the following factors when making a determination of the child's best interest:

(i) The strength of the relationship between the child and the grandparent;

(ii) The relationship between each of the child's parents or the person with whom the child is residing and the grandparent;

(iii) The nature and reason for either parent's objection to granting the grandparent visitation;

(iv) 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;

(vi) The residential time sharing arrangements between the parents;

(vii) The good faith of the grandparent;

(viii) Any history of physical, emotional, or sexual abuse or neglect by the grandparent; and

(ix) Any other factor relevant to the child's best interest.

(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.

(c) To initiate an action for visitation, a grandparent seeking visitation may file:

(i) A motion for visitation in the original dissolution action between the parents; or

(ii) A motion to modify the decree; or

(iii) A petition for visitation in the county of the child's primary residence when the child is residing with a person other than a parent after the decree is entered or when the decree was entered in a jurisdiction outside the state of Washington.

As provided in subsection (1) of this section the grandparent may petition or move the court for visitation at any time.

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