H‑0197.3 _____________________________________________
HOUSE BILL 1054
_____________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Representatives Edmonds, Lambert, Ogden, Kagi, O'Brien, Haigh, Kenney and Lantz
Read first time 01/12/2001. Referred to Committee on Judiciary.
_1 AN ACT Relating to third-party visitation; amending RCW
_2 26.09.240 and 26.10.160; adding a new section to chapter 26.10
_3 RCW; creating a new section; and declaring an emergency.
_4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
_5 NEW SECTION. Sec. 1. (1) In Troxel v. Granville, No. 99-138,
_6 decided June 5, 2000, the United States supreme court recognized
_7 that the right of parents in the care and custody of their
_8 children is a fundamental liberty interest. The court also
_9 acknowledged that demographic changes in the past century have
10 created complex family structures, and third-party visitation
11 statutes reflect the changing realities of the American family.
12 (2) Legislatures and courts across the country recognize that
13 families are composed of individuals who share an emotional
14 attachment and intimacy developed over time, and that such
15 emotional bonds do not necessarily require biological or marital
16 relationships. By acting in a caregiver or other significant
17 emotionally involved role over a period of time, a third party may
18 develop a substantial relationship with a child. In some cases,
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_1 arbitrarily depriving the child of that relationship can cause
_2 psychological or emotional harm to the child. The legislature seeks
_3 to prevent the harm to children caused by the disruption of such
_4 significant bonds.
_5 NEW SECTION. Sec. 2. A new section is added to chapter 26.10
_6 RCW to read as follows:
_7 (1) A person who is not a parent of the child may petition the
_8 court for visitation with the child if the petitioner can
_9 demonstrate that:
10 (a) There is a substantial relationship between the petitioner
11 and the child;
12 (b) The petitioner has been unreasonably denied visitation with
13 the child by a parent, custodian, or other person with primary
14 decision-making authority over the child; and
15 (c) There has been a significant change in circumstances with
16 either the child, the petitioner, or the parent, custodian, or
17 other person having primary decision-making authority over the
18 child that threatens the substantial relationship between the
19 child and the petitioner. The change in circumstances could
20 include, but is not limited to, a dissolution, legal separation,
21 informal physical separation, death of a parent, or other
22 significant change in the family structure.
23 (2)(a) If the court dismisses a petition for visitation brought
24 under this section because the petitioner failed to demonstrate
25 the requirements in subsection (1) of this section, the court must
26 order the petitioner to pay reasonable attorneys= fees and costs to
27 the party responding to the petition. Nothing in this subsection
28 precludes a court from ordering attorneys' fees and costs under
29 RCW 26.10.080.
30 (b) Petitions that are not dismissed by the court must be
31 submitted to mandatory mediation before proceeding to trial. Upon
32 petition of any party that mediation is not appropriate, the court
33 may order or the mediator may determine that the case is not
34 appropriate for mediation. Mediation shall be pursuant to mediation
35 procedures established by court rules for third-party visitation
36 cases.
HB 1054 p. 2
_1 (3)(a) Except as provided in (b) of this subsection, a petition
_2 for visitation brought under this section must be filed in the
_3 county in which the child resides.
_4 (b) If a dissolution, legal separation, modification of
_5 parenting plan, or other custody proceeding is pending involving
_6 the child, the petition for visitation under this section shall be
_7 filed in the county in which the proceeding is pending.
_8 (4) The court may order visitation between the petitioner and
_9 the child if the petitioner shows and the court finds that:
10 (a) Denial of court-ordered visitation would result in a
11 likelihood of harm to the child=s physical, psychological, or
12 emotional well-being;
13 (b) The likelihood of harm is beyond the normal short-term
14 distress a child suffers due to a change in circumstances;
15 (c) Continuation of the substantial relationship between the
16 child and the petitioner would likely have long-term benefits to
17 the child; and
18 (d) Visitation would not substantially interfere with the
19 relationship between the child and the parent, custodian, or other
20 person with primary decision-making authority over the child.
21 (5) In determining the nature and extent of visitation, the
22 court must consider the wishes of a child who is sufficiently
23 mature to express reasoned and independent preferences as to
24 visitation issues.
25 (6) The restrictions of RCW 26.10.160 that apply to parents
26 shall apply to the petitioner under this section.
27 Sec. 3. RCW 26.09.240 and 1996 c 177 s 1 are each amended to read
28 as follows:
29 (1) Under section 1 of this act, a person other than a parent
30 may petition the court for visitation with a child ((at
any time))
31 or may intervene in a pending dissolution, legal separation, or
32 modification of parenting plan proceeding. ((A person
other than a
33 parent may not petition for visitation under this
section unless
34 the child's parent or parents have commenced an action
under this
35 chapter.
36 (2) A petition for visitation with a child by a
person other
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_1 than a parent must be filed in the county in which
the child
_2 resides.
_3 (3) A petition for visitation or a motion to
intervene pursuant
_4 to this section shall be dismissed unless the
petitioner or
_5 intervenor can demonstrate by clear and convincing
evidence that a
_6 significant relationship exists with the child with
whom
_7 visitation is sought. If the petition or motion is
dismissed for
_8 failure to establish the existence of a significant
relationship,
_9 the petitioner or intervenor shall be ordered to pay
reasonable
10 attorney's fees and costs to the parent, parents,
other custodian,
11 or representative of the child who responds to this
petition or
12 motion.
13 (4) The court may order visitation between the
petitioner or
14 intervenor and the child between whom a significant
relationship
15 exists upon a finding supported by the evidence that
the
16 visitation is in the child's best interests.
17 (5)(a) Visitation with a grandparent shall be
presumed to be in
18 the child's best interests when a significant
relationship has
19 been shown to exist. This presumption may be
rebutted by a
20 preponderance of evidence showing that visitation
would endanger
21 the child's physical, mental, or emotional health.
22 (b) If the court finds that reasonable visitation
by a
23 grandparent would be in the child's best interest
except for
24 hostilities that exist between the grandparent and
one or both of
25 the parents or person with whom the child lives, the
court may set
26 the matter for mediation under RCW 26.09.015.
27 (6) The court may consider the following factors
when making a
28 determination of the child's best interests:
29 (a) The strength of the relationship between the
child and the
30 petitioner;
31 (b) The relationship between each of the child's
parents or the
32 person with whom the child is residing and the
petitioner;
33 (c) The nature and reason for either parent's
objection to
34 granting the petitioner visitation;
35 (d) The effect that granting visitation will have
on the
36 relationship between the child and the child's
parents or the
37 person with whom the child is residing;
HB 1054 p. 4
_1 (e) The residential time sharing arrangements
between the
_2 parents;
_3 (f) The good faith of the petitioner;
_4 (g) Any criminal history or history of physical,
emotional, or
_5 sexual abuse or neglect by the petitioner; and
_6 (h) Any other factor relevant to the child's best
interest.
_7 (7) The restrictions of RCW 26.09.191 that apply
to parents
_8 shall be applied to a petitioner or intervenor who is
not a
_9 parent. The nature and extent of visitation, subject
to these
10 restrictions, is in the discretion of the court.
11 (8) The court may order an investigation and
report concerning
12 the proposed visitation or may appoint a guardian ad
litem as
13 provided in RCW 26.09.220.
14 (9) Visitation granted pursuant to this section
shall be
15 incorporated into the parenting plan for the child.
16 (10) The court may modify or terminate visitation
rights
17 granted pursuant to this section in any subsequent
modification
18 action upon a showing that the visitation is no
longer in the best
19 interest of the child.))
20 Sec. 4. RCW 26.10.160 and 1996 c 303 s 2 are each amended to read
21 as follows:
22 (1) A parent not granted custody of the child is entitled to
23 reasonable visitation rights except as provided in subsection (2)
24 of this section.
25 (2)(a) Visitation with the child shall be limited if it is
26 found that the parent seeking visitation has engaged in any of the
27 following conduct: (i) Willful abandonment that continues for an
28 extended period of time or substantial refusal to perform
29 parenting functions; (ii) physical, sexual, or a pattern of
30 emotional abuse of a child; (iii) a history of acts of domestic
31 violence as defined in RCW 26.50.010(1) or an assault or sexual
32 assault which causes grievous bodily harm or the fear of such
33 harm; or (iv) the parent has been convicted as an adult of a sex
34 offense under:
35 (A) RCW 9A.44.076 if, because of the difference in age between
36 the offender and the victim, no rebuttable presumption exists
37 under (d) of this subsection;
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_1 (B) RCW 9A.44.079 if, because of the difference in age between
_2 the offender and the victim, no rebuttable presumption exists
_3 under (d) of this subsection;
_4 (C) RCW 9A.44.086 if, because of the difference in age between
_5 the offender and the victim, no rebuttable presumption exists
_6 under (d) of this subsection;
_7 (D) RCW 9A.44.089;
_8 (E) RCW 9A.44.093;
_9 (F) RCW 9A.44.096;
10 (G) RCW 9A.64.020 (1) or (2) if, because of the difference in
11 age between the offender and the victim, no rebuttable presumption
12 exists under (d) of this subsection;
13 (H) Chapter 9.68A RCW;
14 (I) Any predecessor or antecedent statute for the offenses
15 listed in (a)(iv)(A) through (H) of this subsection;
16 (J) Any statute from any other jurisdiction that describes an
17 offense analogous to the offenses listed in (a)(iv)(A) through (H)
18 of this subsection.
19 This subsection (2)(a) shall not apply when (c) or (d) of this
20 subsection applies.
21 (b) The parent's visitation with the child shall be limited if
22 it is found that the parent resides with a person who has engaged
23 in any of the following conduct: (i) Physical, sexual, or a pattern
24 of emotional abuse of a child; (ii) a history of acts of domestic
25 violence as defined in RCW 26.50.010(1) or an assault or sexual
26 assault that causes grievous bodily harm or the fear of such harm;
27 or (iii) the person has been convicted as an adult or as a
28 juvenile has been adjudicated of a sex offense under:
29 (A) RCW 9A.44.076 if, because of the difference in age between
30 the offender and the victim, no rebuttable presumption exists
31 under (e) of this subsection;
32 (B) RCW 9A.44.079 if, because of the difference in age between
33 the offender and the victim, no rebuttable presumption exists
34 under (e) of this subsection;
35 (C) RCW 9A.44.086 if, because of the difference in age between
36 the offender and the victim, no rebuttable presumption exists
37 under (e) of this subsection;
38 (D) RCW 9A.44.089;
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_1 (E) RCW 9A.44.093;
_2 (F) RCW 9A.44.096;
_3 (G) RCW 9A.64.020 (1) or (2) if, because of the difference in
_4 age between the offender and the victim, no rebuttable presumption
_5 exists under (e) of this subsection;
_6 (H) Chapter 9.68A RCW;
_7 (I) Any predecessor or antecedent statute for the offenses
_8 listed in (b)(iii)(A) through (H) of this subsection;
_9 (J) Any statute from any other jurisdiction that describes an
10 offense analogous to the offenses listed in (b)(iii)(A) through
11 (H) of this subsection.
12 This subsection (2)(b) shall not apply when (c) or (e) of this
13 subsection applies.
14 (c) If a parent has been found to be a sexual predator under
15 chapter 71.09 RCW or under an analogous statute of any other
16 jurisdiction, the court shall restrain the parent from contact
17 with a child that would otherwise be allowed under this chapter.
18 If a parent resides with an adult or a juvenile who has been found
19 to be a sexual predator under chapter 71.09 RCW or under an
20 analogous statute of any other jurisdiction, the court shall
21 restrain the parent from contact with the parent's child except
22 contact that occurs outside that person's presence.
23 (d) There is a rebuttable presumption that a parent who has
24 been convicted as an adult of a sex offense listed in (d)(i)
25 through (ix) of this subsection poses a present danger to a
26 child. Unless the parent rebuts this presumption, the court shall
27 restrain the parent from contact with a child that would otherwise
28 be allowed under this chapter:
29 (i) RCW 9A.64.020 (1) or (2), provided that the person
30 convicted was at least five years older than the other person;
31 (ii) RCW 9A.44.073;
32 (iii) RCW 9A.44.076, provided that the person convicted was at
33 least eight years older than the victim;
34 (iv) RCW 9A.44.079, provided that the person convicted was at
35 least eight years older than the victim;
36 (v) RCW 9A.44.083;
37 (vi) RCW 9A.44.086, provided that the person convicted was at
38 least eight years older than the victim;
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_1 (vii) RCW 9A.44.100;
_2 (viii) Any predecessor or antecedent statute for the offenses
_3 listed in (d)(i) through (vii) of this subsection;
_4 (ix) Any statute from any other jurisdiction that describes an
_5 offense analogous to the offenses listed in (d)(i) through (vii)
_6 of this subsection.
_7 (e) There is a rebuttable presumption that a parent who resides
_8 with a person who, as an adult, has been convicted, or as a
_9 juvenile has been adjudicated, of the sex offenses listed in
10 (e)(i) through (ix) of this subsection places a child at risk of
11 abuse or harm when that parent exercises visitation in the
12 presence of the convicted or adjudicated person. Unless the parent
13 rebuts the presumption, the court shall restrain the parent from
14 contact with the parent's child except for contact that occurs
15 outside of the convicted or adjudicated person's presence:
16 (i) RCW 9A.64.020 (1) or (2), provided that the person
17 convicted was at least five years older than the other person;
18 (ii) RCW 9A.44.073;
19 (iii) RCW 9A.44.076, provided that the person convicted was at
20 least eight years older than the victim;
21 (iv) RCW 9A.44.079, provided that the person convicted was at
22 least eight years older than the victim;
23 (v) RCW 9A.44.083;
24 (vi) RCW 9A.44.086, provided that the person convicted was at
25 least eight years older than the victim;
26 (vii) RCW 9A.44.100;
27 (viii) Any predecessor or antecedent statute for the offenses
28 listed in (e)(i) through (vii) of this subsection;
29 (ix) Any statute from any other jurisdiction that describes an
30 offense analogous to the offenses listed in (e)(i) through (vii)
31 of this subsection.
32 (f) The presumption established in (d) of this subsection may
33 be rebutted only after a written finding that:
34 (i) If the child was not the victim of the sex offense
35 committed by the parent requesting visitation, (A) contact between
36 the child and the offending parent is appropriate and poses
37 minimal risk to the child, and (B) the offending parent has
38 successfully engaged in treatment for sex offenders or is engaged
HB 1054 p. 8
_1 in and making progress in such treatment, if any was ordered by a
_2 court, and the treatment provider believes such contact is
_3 appropriate and poses minimal risk to the child; or
_4 (ii) If the child was the victim of the sex offense committed
_5 by the parent requesting visitation, (A) contact between the child
_6 and the offending parent is appropriate and poses minimal risk to
_7 the child, (B) if the child is in or has been in therapy for
_8 victims of sexual abuse, the child's counselor believes such
_9 contact between the child and the offending parent is in the
10 child's best interest, and (C) the offending parent has
11 successfully engaged in treatment for sex offenders or is engaged
12 in and making progress in such treatment, if any was ordered by a
13 court, and the treatment provider believes such contact is
14 appropriate and poses minimal risk to the child.
15 (g) The presumption established in (e) of this subsection may
16 be rebutted only after a written finding that:
17 (i) If the child was not the victim of the sex offense
18 committed by the person who is residing with the parent requesting
19 visitation, (A) contact between the child and the parent residing
20 with the convicted or adjudicated person is appropriate and that
21 parent is able to protect the child in the presence of the
22 convicted or adjudicated person, and (B) the convicted or
23 adjudicated person has successfully engaged in treatment for sex
24 offenders or is engaged in and making progress in such treatment,
25 if any was ordered by a court, and the treatment provider believes
26 such contact is appropriate and poses minimal risk to the child;
27 or
28 (ii) If the child was the victim of the sex offense committed
29 by the person who is residing with the parent requesting
30 visitation, (A) contact between the child and the parent in the
31 presence of the convicted or adjudicated person is appropriate and
32 poses minimal risk to the child, (B) if the child is in or has
33 been in therapy for victims of sexual abuse, the child's counselor
34 believes such contact between the child and the parent residing
35 with the convicted or adjudicated person in the presence of the
36 convicted or adjudicated person is in the child's best interest,
37 and (C) the convicted or adjudicated person has successfully
38 engaged in treatment for sex offenders or is engaged in and making
p. 9 HB 1054
_1 progress in such treatment, if any was ordered by a court, and the
_2 treatment provider believes contact between the parent and child
_3 in the presence of the convicted or adjudicated person is
_4 appropriate and poses minimal risk to the child.
_5 (h) If the court finds that the parent has met the burden of
_6 rebutting the presumption under (f) of this subsection, the court
_7 may allow a parent who has been convicted as an adult of a sex
_8 offense listed in (d)(i) through (ix) of this subsection to have
_9 visitation with the child supervised by a neutral and independent
10 adult and pursuant to an adequate plan for supervision of such
11 visitation. The court shall not approve of a supervisor for contact
12 between the child and the parent unless the court finds, based on
13 the evidence, that the supervisor is willing and capable of
14 protecting the child from harm. The court shall revoke court
15 approval of the supervisor upon finding, based on the evidence,
16 that the supervisor has failed to protect the child or is no
17 longer willing or capable of protecting the child.
18 (i) If the court finds that the parent has met the burden of
19 rebutting the presumption under (g) of this subsection, the court
20 may allow a parent residing with a person who has been adjudicated
21 as a juvenile of a sex offense listed in (e)(i) through (ix) of
22 this subsection to have visitation with the child in the presence
23 of the person adjudicated as a juvenile, supervised by a neutral
24 and independent adult and pursuant to an adequate plan for
25 supervision of such visitation. The court shall not approve of a
26 supervisor for contact between the child and the parent unless the
27 court finds, based on the evidence, that the supervisor is willing
28 and capable of protecting the child from harm. The court shall
29 revoke court approval of the supervisor upon finding, based on the
30 evidence, that the supervisor has failed to protect the child or
31 is no longer willing or capable of protecting the child.
32 (j) If the court finds that the parent has met the burden of
33 rebutting the presumption under (g) of this subsection, the court
34 may allow a parent residing with a person who, as an adult, has
35 been convicted of a sex offense listed in (e)(i) through (ix) of
36 this subsection to have visitation with the child in the presence
37 of the convicted person supervised by a neutral and independent
38 adult and pursuant to an adequate plan for supervision of such
HB 1054 p. 10
_1 visitation. The court shall not approve of a supervisor for contact
_2 between the child and the parent unless the court finds, based on
_3 the evidence, that the supervisor is willing and capable of
_4 protecting the child from harm. The court shall revoke court
_5 approval of the supervisor upon finding, based on the evidence,
_6 that the supervisor has failed to protect the child or is no
_7 longer willing or capable of protecting the child.
_8 (k) A court shall not order unsupervised contact between the
_9 offending parent and a child of the offending parent who was
10 sexually abused by that parent. A court may order unsupervised
11 contact between the offending parent and a child who was not
12 sexually abused by the parent after the presumption under (d) of
13 this subsection has been rebutted and supervised visitation has
14 occurred for at least two years with no further arrests or
15 convictions of sex offenses involving children under chapter 9A.44
16 RCW, RCW 9A.64.020, or chapter 9.68A RCW and (i) the sex offense
17 of the offending parent was not committed against a child of the
18 offending parent, and (ii) the court finds that unsupervised
19 contact between the child and the offending parent is appropriate
20 and poses minimal risk to the child, after consideration of the
21 testimony of a state-certified therapist, mental health counselor,
22 or social worker with expertise in treating child sexual abuse
23 victims who has supervised at least one period of visitation
24 between the parent and the child, and after consideration of
25 evidence of the offending parent's compliance with community
26 supervision requirements, if any. If the offending parent was not
27 ordered by a court to participate in treatment for sex offenders,
28 then the parent shall obtain a psychosexual evaluation conducted
29 by a state-certified sex offender treatment provider indicating
30 that the offender has the lowest likelihood of risk to reoffend
31 before the court grants unsupervised contact between the parent
32 and a child.
33 (l) A court may order unsupervised contact between the parent
34 and a child which may occur in the presence of a juvenile
35 adjudicated of a sex offense listed in (e)(i) through (ix) of this
36 subsection who resides with the parent after the presumption under
37 (e) of this subsection has been rebutted and supervised visitation
38 has occurred for at least two years during which time the
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_1 adjudicated juvenile has had no further arrests, adjudications, or
_2 convictions of sex offenses involving children under chapter 9A.44
_3 RCW, RCW 9A.64.020, or chapter 9.68A RCW, and (i) the court finds
_4 that unsupervised contact between the child and the parent that
_5 may occur in the presence of the adjudicated juvenile is
_6 appropriate and poses minimal risk to the child, after
_7 consideration of the testimony of a state-certified therapist,
_8 mental health counselor, or social worker with expertise in
_9 treatment of child sexual abuse victims who has supervised at
10 least one period of visitation between the parent and the child in
11 the presence of the adjudicated juvenile, and after consideration
12 of evidence of the adjudicated juvenile's compliance with
13 community supervision or parole requirements, if any. If the
14 adjudicated juvenile was not ordered by a court to participate in
15 treatment for sex offenders, then the adjudicated juvenile shall
16 obtain a psychosexual evaluation conducted by a state-certified
17 sex offender treatment provider indicating that the adjudicated
18 juvenile has the lowest likelihood of risk to reoffend before the
19 court grants unsupervised contact between the parent and a child
20 which may occur in the presence of the adjudicated juvenile who is
21 residing with the parent.
22 (m)(i) The limitations imposed by the court under (a) or (b) of
23 this subsection shall be reasonably calculated to protect the
24 child from the physical, sexual, or emotional abuse or harm that
25 could result if the child has contact with the parent requesting
26 visitation. If the court expressly finds based on the evidence that
27 limitations on visitation with the child will not adequately
28 protect the child from the harm or abuse that could result if the
29 child has contact with the parent requesting visitation, the court
30 shall restrain the person seeking visitation from all contact with
31 the child.
32 (ii) The court shall not enter an order under (a) of this
33 subsection allowing a parent to have contact with a child if the
34 parent has been found by clear and convincing evidence in a civil
35 action or by a preponderance of the evidence in a dependency
36 action to have sexually abused the child, except upon
37 recommendation by an evaluator or therapist for the child that the
38 child is ready for contact with the parent and will not be harmed
HB 1054 p. 12
_1 by the contact. The court shall not enter an order allowing a
_2 parent to have contact with the child in the offender's presence
_3 if the parent resides with a person who has been found by clear
_4 and convincing evidence in a civil action or by a preponderance of
_5 the evidence in a dependency action to have sexually abused a
_6 child, unless the court finds that the parent accepts that the
_7 person engaged in the harmful conduct and the parent is willing to
_8 and capable of protecting the child from harm from the person.
_9 (iii) If the court limits visitation under (a) or (b) of this
10 subsection to require supervised contact between the child and the
11 parent, the court shall not approve of a supervisor for contact
12 between a child and a parent who has engaged in physical, sexual,
13 or a pattern of emotional abuse of the child unless the court
14 finds based upon the evidence that the supervisor accepts that the
15 harmful conduct occurred and is willing to and capable of
16 protecting the child from harm. The court shall revoke court
17 approval of the supervisor upon finding, based on the evidence,
18 that the supervisor has failed to protect the child or is no
19 longer willing to or capable of protecting the child.
20 (n) If the court expressly finds based on the evidence that
21 contact between the parent and the child will not cause physical,
22 sexual, or emotional abuse or harm to the child and that the
23 probability that the parent's or other person's harmful or abusive
24 conduct will recur is so remote that it would not be in the
25 child's best interests to apply the limitations of (a), (b), and
26 (m)(i) and (iii) of this subsection, or if the court expressly
27 finds that the parent's conduct did not have an impact on the
28 child, then the court need not apply the limitations of (a), (b),
29 and (m)(i) and (iii) of this subsection. The weight given to the
30 existence of a protection order issued under chapter 26.50 RCW as
31 to domestic violence is within the discretion of the court. This
32 subsection shall not apply when (c), (d), (e), (f), (g), (h), (i),
33 (j), (k), (l), and (m)(ii) of this subsection apply.
34 (3) ((Any person may petition the court for
visitation rights
35 at any time including, but not limited to, custody
proceedings.
36 The court may order visitation rights for any person
when
37 visitation may serve the best interest of the child
whether or not
38 there has been any change of circumstances.
p. 13 HB 1054
_1 (4))) The court may modify an order granting
or denying
_2 visitation rights whenever modification would serve the best
_3 interests of the child. Modification of a parent's visitation
_4 rights shall be subject to the requirements of subsection (2) of
_5 this section.
_6 (((5))) (4) For the purposes of this
section, a parent's child
_7 means that parent's natural child, adopted child, or stepchild.
_8 NEW SECTION. Sec. 5. This act is necessary for the immediate
_9 preservation of the public peace, health, or safety, or support of
10 the state government and its existing public institutions, and
11 takes effect immediately.
‑‑‑ END ‑‑‑
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