BILL REQ. #:  H-1664.1 

Read first time 02/14/2005.   Referred to Committee on Juvenile Justice & Family Law.

     AN ACT Relating to grandparents' visitation rights; and amending RCW 26.09.004 and 26.09.240.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 26.09.004 and 1987 c 460 s 3 are each amended to read as follows:
     The definitions in this section apply throughout this chapter.
     (1) "Temporary parenting plan" means a plan for parenting of the child pending final resolution of any action for dissolution of marriage, declaration of invalidity, or legal separation which is incorporated in a temporary order.
     (2) "Permanent parenting plan" means a plan for parenting the child, including allocation of parenting functions, which plan is incorporated in any final decree or decree of modification in an action for dissolution of marriage, declaration of invalidity, or legal separation.
     (3) "Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child. Parenting functions include:
     (a) Maintaining a loving, stable, consistent, and nurturing relationship with the child;
     (b) Attending to the daily needs of the child, such as feeding, clothing, physical care and grooming, supervision, health care, and day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;
     (c) Attending to adequate education for the child, including remedial or other education essential to the best interests of the child;
     (d) Assisting the child in developing and maintaining appropriate interpersonal relationships, including those with grandparents in recognition that such relationships are recognized to be in the best interests of the child;
     (e) Exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and the family's social and economic circumstances; and
     (f) Providing for the financial support of the child.
     (4) "Grandparent" means a person who is the parent of a child's father or mother, who is related to the child by blood, in whole or by half, adoption, or marriage.

Sec. 2   RCW 26.09.240 and 1996 c 177 s 1 are each amended to read as follows:
     (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 or grandparent may not petition for visitation under this section unless the child's parent or parents have commenced an action under this chapter.
     (2) A grandparent may petition the court for visitation with a child one time regardless of whether there is a pending dissolution, legal separation, or modification of parenting plan proceeding.
     (a) Any grandparent filing a subsequent petition must prove, in a threshold hearing, that a substantial change of circumstances has occurred. If the court finds good cause to allow grandparents to file more than one time, the court shall allow the filing and consider the petition.
     (b) A death or incapacitation of a parent occurring subsequent to any petition is a substantial change in circumstances, permitting the grandparent to file an additional petition requesting visitation with the child for each death or incapacitation.
     (3) 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))) (4) 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))) (5) 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))) (6) In order to give deference to the decisions of a fit parent in any proceeding under this subsection, the court must give some weight to the parents' own determination regarding visitation with the child.
     (7) If the court finds that reasonable visitation by a grandparent would be in the child's best interest except for the 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))) (8) The court ((may)) shall consider the following nonexclusive factors when making a determination of the child's best interests:
     (a) The love, affection, and strength of the relationship between the child and the petitioner;
     (b) The length and quality of the prior relationship between the child and the grandparent, the role performed by the grandparent, and the emotional ties that existed between the child and the grandparent;
     (c) The relationship between each of the child's parents or the person with whom the child is residing and the petitioner;
     (((c))) (d) The nature and reason for either parent's objection to granting the petitioner visitation;
     (((d))) (e) 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))) (f) The residential time sharing arrangements between the parents;
     (((f))) (g) The good faith of the petitioner;
     (((g))) (h) Any criminal history or history of physical, emotional, or sexual abuse or neglect by the petitioner; ((and
     (h))) (i) The child's reasonable preference, if the court considers the child to be of sufficient age to express a preference; and
     (j) Any other factor relevant to the child's best interest.
     (((7))) (9) 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))) (10) 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))) (11) Visitation granted pursuant to this section shall be incorporated into the parenting plan for the child.
     (((10))) (12) 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.

NEW SECTION.  Sec. 3   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.