SENATE BILL REPORT

                   HB 2750

                    As of February 25, 1998

Title:  An act relating to visitation.

Brief Description:  Providing a procedure for persons other than parents to intervene in custody proceedings in order to obtain visitation.

Sponsors:  Representatives Wolfe, Kessler, Dickerson, Anderson, Gardner and Lambert.

Brief History:

Committee Activity:  Law & Justice:  2/27/98.

SENATE COMMITTEE ON LAW & JUSTICE

Staff:  Aldo Melchiori (786-7439)

Background:  Under certain circumstances, a person other than a parent may bring an action to obtain custody of a child.  The statute addressing visitation provides that:  "Any person may petition the court for visitation rights at any time including, but not limited to, custody proceedings."

The Court of Appeals recently interpreted that provision to mean that a person other than a parent may petition for visitation only when a custody proceeding is pending, as opposed to "any time." The court based its interpretation on the parallel histories of the visitation statute in the third-party custody chapter and the visitation statute in the dissolution of marriages chapter.

In the chapter governing dissolutions, a person other than a parent may petition for visitation when the parents have commenced a dissolution, legal separation, or modification of a parenting plan proceeding.  The petitioner must show that a significant relationship exists with the child and that the action is in the best interests of the child.  Visitation with a grandparent is presumed to be in the child's best interests.  This presumption may be rebutted by a preponderance of the evidence showing that visitation would endanger the child's physical, mental, or emotional health.

Summary of Bill:  A person other than a parent may intervene in a pending dissolution, legal separation, declaration concerning the validity of marriage, or modification of a parenting plan proceeding for the purposes of seeking visitation with a child.  A person other than a parent may petition for visitation only if a final order has been entered in a proceeding for dissolution, legal separation, or declaration concerning the validity of marriage.

The visitation provision in the third-party custody chapter is amended to be substantially identical  to the visitation provision in the dissolution statutes.

Appropriation:  None.

Fiscal Note:  Not requested.

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