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General Assembly Raised Bill No. 7095
January Session, 2019
LCO No. 3718
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING A GRANDPA RENT'S RIGHT TO VISITATION
WITH HIS OR HER GRANDCHILD.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 46b-59 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
(a) As used in this section: 3
(1) "Grandparent" means a grandparent or great-grandparent 4
related to a minor child by (A) blood, (B) marriage, or (C) adoption of 5
the minor child by a child of the grandparent; and 6
(2) "Real and significant harm" means that the minor child is 7
neglected, as defined in section 46b-120, or uncared for, as defined in 8
said section. 9
(b) Any person may submit a verified petition to the Superior Court 10
for the right of visitation with any minor child, [. Such petition] except 11
that if a verified petition has been filed by a grandparent and (1) either 12
or both parents of the minor child are deceased, (2) the parents of the 13
minor child are divorced, or (3) the parents of the minor child are 14 Raised Bill No. 7095
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living separate and apart in different locations, the verified petition for 15
the right of visitation shall be determined in accordance with the 16
provisions of section 2 of this act. A verified petition submitted under 17
this section shall include specific and good-faith allegations that [(1)] 18
(A) a parent-like relationship exists between the person and the minor 19
child, and [(2)] (B) denial of visitation would cause real and significant 20
harm. Subject to subsection (e) of this section, the court shall grant the 21
right of visitation with any minor child to any person if the court finds 22
after hearing and by clear and convincing evidence that a parent-like 23
relationship exists between the person and the minor child and denial 24
of visitation would cause real and significant harm. 25
(c) In determining whether a parent-like relationship exists between 26
the person and the minor child, the Superior Court may consider, but 27
shall not be limited to, the following factors: 28
(1) The existence and length of a relationship between the person 29
and the minor child prior to the submission of a petition pursuant to 30
this section; 31
(2) The length of time that the relationship between the person and 32
the minor child has been disrupted; 33
(3) The specific parent-like activities of the person seeking visitation 34
toward the minor child; 35
(4) Any evidence that the person seeking visitation has 36
unreasonably undermined the authority and discretion of the custodial 37
parent; 38
(5) The significant absence of a parent from the life of a minor child; 39
(6) The death of one of the minor child's parents; 40
(7) The physical separation of the parents of the minor child; 41
(8) The fitness of the person seeking visitation; and 42 Raised Bill No. 7095
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(9) The fitness of the custodial parent. 43
(d) In determining whether a parent-like relationship exists between 44
a grandparent seeking visitation pursuant to this section and a minor 45
child, the Superior Court may consider, in addition to the factors 46
enumerated in subsection (c) of this section, the history of regular 47
contact and proof of a close and substantial relationship between the 48
grandparent and the minor child. 49
(e) If the Superior Court grants the right of visitation pursuant to 50
subsection (b) of this section, the court shall set forth the terms and 51
conditions of visitation including, but not limited to, the schedule of 52
visitation, including the dates or days, time and place or places in 53
which the visitation can occur, whether overnight visitation will be 54
allowed and any other terms and conditions that the court determines 55
are in the best interest of the minor child, provided such conditions 56
shall not be contingent upon any order of financial support by the 57
court. In determining the best interest of the minor child, the court 58
shall consider the wishes of the minor child if such minor child is of 59
sufficient age and capable of forming an intelligent opinion. In 60
determining the terms and conditions of visitation, the court may 61
consider (1) the effect that such visitation will have on the relationship 62
between the parents or guardians of the minor child and the minor 63
child, and (2) the effect on the minor child of any domestic violence 64
that has occurred between or among parents, grandparents, persons 65
seeking visitation and the minor child. 66
(f) Visitation rights granted in accordance with this section shall not 67
be deemed to have created parental rights in the person or persons to 68
whom such visitation rights are granted, nor shall such visitation 69
rights be a ground for preventing the relocation of the custodial 70
parent. The grant of such visitation rights shall not prevent any court 71
of competent jurisdiction from thereafter acting upon the custody of 72
such child, the parental rights with respect to such child or the 73
adoption of such child and any such court may include in its decree an 74
order terminating such visitation rights. 75 Raised Bill No. 7095
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(g) Upon motion, the court may order the payment of fees for 76
another party, the attorney for the minor child, the guardian ad litem, 77
or any expert by any party in accordance with such party's financial 78
ability. 79
Sec. 2. (NEW) (Effective October 1, 2019) (a) As used in this section, 80
(1) "grandparent" means a grandparent or great-grandparent related to 81
a minor child by blood, marriage or adoption of the minor child by a 82
child of the grandparent, and (2) "unreasonably depriving the 83
grandparent of the opportunity to visit with the minor child" includes, 84
but is not limited to, denying a grandparent the opportunity to visit 85
with the minor child for a period of time exceeding ninety days. 86
(b) Any grandparent may submit a verified petition under this 87
section to the Superior Court for the right of visitation with a minor 88
child, as described in subdivision (1) of subsection (a) of this section, 89
when (1) either or both parents of the minor child are deceased, (2) the 90
parents of the minor child are divorced, or (3) the parents of the minor 91
child are living separate and apart in different locations. The court 92
shall grant the right of visitation with any minor child to any 93
grandparent if the court finds after hearing and by clear and 94
convincing evidence that: (A) The child's parents or guardians are 95
unreasonably depriving the grandparent of the opportunity to visit 96
with the minor child; (B) awarding the grandparent visitation will not 97
interfere with the relationship between the minor child and the parents 98
or guardians; and (C) (i) the minor child's parents or guardians are 99
unfit, or (ii) there are compelling circumstances to overcome the 100
presumption that the decision by the parents or guardians to deny the 101
grandparent visitation is in the best interest of the minor child, 102
provided any determination by the court as to the best interest of the 103
minor child shall be made by utilizing Judicial Branch resources and at 104
no cost to the parties. 105
(c) The court may award the prevailing party necessary and 106
reasonable expenses incurred by or on behalf of the party, including 107
costs and attorneys' fees. 108 Raised Bill No. 7095
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 46b-59
Sec. 2 October 1, 2019 New section
JUD Joint Favorable