BILL REQ. #:  S-1570.1 

Read first time 02/16/2005.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to grandparent visitation; and adding a new section to chapter 26.09 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 26.09 RCW to read as follows:
     (1) If the parents of an unmarried minor child are divorced, married but living apart, under a temporary order or judgment of separate support, or if either or both parents are deceased, or if the unmarried minor child was born out of wedlock and the child's paternity has been adjudicated by a court of competent jurisdiction or the father has signed an acknowledgment of paternity, and the parents do not reside together, the grandparents of the minor child may be granted reasonable visitation rights to the minor child during the child's minority by the superior court upon a written finding that:
     (a) Such visitation rights have been unreasonably denied or a substantial relationship unreasonably interrupted between the grandparents and child; and
     (b) A grandparent relationship is in the best interest of the minor child with due weight given to fit parental authority in decisions about the health, safety, and welfare of the child.
     (2) Adjudication of paternity or acknowledgment of paternity is not required to proceed under this section if the maternal grandparents are seeking visitation rights.
     (3) No visitation rights shall be granted under this section if the minor child has been adopted by a person other than a stepparent of the child. Any visitation rights granted pursuant to this section prior to the adoption of the minor child are terminated upon such adoption without any further action of the court.
     (4) A petition for grandparents' visitation authorized under this section shall be filed in the county within the state of Washington where the child resides.