Connecticut 2019 Regular Session

Connecticut House Bill HB07095 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	5		General Assembly Raised Bill No. 7095
8	6		January Session, 2019
9	7		LCO No. 3718
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12	10		Referred to Committee on JUDICIARY
13	11
14	12
15	13		Introduced by:
16	14		(JUD)
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20	19		AN ACT CONCERNING A GRANDPARENT'S RIGHT TO VISITATION
21	20		WITH HIS OR HER GRANDCHILD.
22	21		Be it enacted by the Senate and House of Representatives in General
23	22		Assembly convened:
24	23
25	24		Section 1. Section 46b-59 of the general statutes is repealed and the 1
26	25		following is substituted in lieu thereof (Effective October 1, 2019): 2
27	26		(a) As used in this section: 3
28	27		(1) "Grandparent" means a grandparent or great-grandparent 4
29	28		related to a minor child by (A) blood, (B) marriage, or (C) adoption of 5
30	29		the minor child by a child of the grandparent; and 6
31	30		(2) "Real and significant harm" means that the minor child is 7
32	31		neglected, as defined in section 46b-120, or uncared for, as defined in 8
33	32		said section. 9
34	33		(b) Any person may submit a verified petition to the Superior Court 10
35	34		for the right of visitation with any minor child, [. Such petition] except 11
36	35		that if a verified petition has been filed by a grandparent and (1) either 12
37		-	or both parents of the minor child are deceased, (2) the parents of the 13
38		-	minor child are divorced, or (3) the parents of the minor child are 14 Raised Bill No. 7095
	36	+	or both parents of the minor child are deceased, (2) the parents of the 13 Raised Bill No. 7095
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	42	+	minor child are divorced, or (3) the parents of the minor child are 14
45	43		living separate and apart in different locations, the verified petition for 15
46	44		the right of visitation shall be determined in accordance with the 16
47	45		provisions of section 2 of this act. A verified petition submitted under 17
48	46		this section shall include specific and good-faith allegations that [(1)] 18
49	47		(A) a parent-like relationship exists between the person and the minor 19
50	48		child, and [(2)] (B) denial of visitation would cause real and significant 20
51	49		harm. Subject to subsection (e) of this section, the court shall grant the 21
52	50		right of visitation with any minor child to any person if the court finds 22
53	51		after hearing and by clear and convincing evidence that a parent-like 23
54	52		relationship exists between the person and the minor child and denial 24
55	53		of visitation would cause real and significant harm. 25
56	54		(c) In determining whether a parent-like relationship exists between 26
57	55		the person and the minor child, the Superior Court may consider, but 27
58	56		shall not be limited to, the following factors: 28
59	57		(1) The existence and length of a relationship between the person 29
60	58		and the minor child prior to the submission of a petition pursuant to 30
61	59		this section; 31
62	60		(2) The length of time that the relationship between the person and 32
63	61		the minor child has been disrupted; 33
64	62		(3) The specific parent-like activities of the person seeking visitation 34
65	63		toward the minor child; 35
66	64		(4) Any evidence that the person seeking visitation has 36
67	65		unreasonably undermined the authority and discretion of the custodial 37
68	66		parent; 38
69	67		(5) The significant absence of a parent from the life of a minor child; 39
70	68		(6) The death of one of the minor child's parents; 40
71	69		(7) The physical separation of the parents of the minor child; 41
72	70		(8) The fitness of the person seeking visitation; and 42 Raised Bill No. 7095
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79	76		(9) The fitness of the custodial parent. 43
80	77		(d) In determining whether a parent-like relationship exists between 44
81	78		a grandparent seeking visitation pursuant to this section and a minor 45
82	79		child, the Superior Court may consider, in addition to the factors 46
83	80		enumerated in subsection (c) of this section, the history of regular 47
84	81		contact and proof of a close and substantial relationship between the 48
85	82		grandparent and the minor child. 49
86	83		(e) If the Superior Court grants the right of visitation pursuant to 50
87	84		subsection (b) of this section, the court shall set forth the terms and 51
88	85		conditions of visitation including, but not limited to, the schedule of 52
89	86		visitation, including the dates or days, time and place or places in 53
90	87		which the visitation can occur, whether overnight visitation will be 54
91	88		allowed and any other terms and conditions that the court determines 55
92	89		are in the best interest of the minor child, provided such conditions 56
93	90		shall not be contingent upon any order of financial support by the 57
94	91		court. In determining the best interest of the minor child, the court 58
95	92		shall consider the wishes of the minor child if such minor child is of 59
96	93		sufficient age and capable of forming an intelligent opinion. In 60
97	94		determining the terms and conditions of visitation, the court may 61
98	95		consider (1) the effect that such visitation will have on the relationship 62
99	96		between the parents or guardians of the minor child and the minor 63
100	97		child, and (2) the effect on the minor child of any domestic violence 64
101	98		that has occurred between or among parents, grandparents, persons 65
102	99		seeking visitation and the minor child. 66
103	100		(f) Visitation rights granted in accordance with this section shall not 67
104	101		be deemed to have created parental rights in the person or persons to 68
105	102		whom such visitation rights are granted, nor shall such visitation 69
106	103		rights be a ground for preventing the relocation of the custodial 70
107	104		parent. The grant of such visitation rights shall not prevent any court 71
108	105		of competent jurisdiction from thereafter acting upon the custody of 72
109	106		such child, the parental rights with respect to such child or the 73
110	107		adoption of such child and any such court may include in its decree an 74
111	108		order terminating such visitation rights. 75 Raised Bill No. 7095
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118	114		(g) Upon motion, the court may order the payment of fees for 76
119	115		another party, the attorney for the minor child, the guardian ad litem, 77
120	116		or any expert by any party in accordance with such party's financial 78
121	117		ability. 79
122	118		Sec. 2. (NEW) (Effective October 1, 2019) (a) As used in this section, 80
123	119		(1) "grandparent" means a grandparent or great-grandparent related to 81
124	120		a minor child by blood, marriage or adoption of the minor child by a 82
125	121		child of the grandparent, and (2) "unreasonably depriving the 83
126	122		grandparent of the opportunity to visit with the minor child" includes, 84
127	123		but is not limited to, denying a grandparent the opportunity to visit 85
128	124		with the minor child for a period of time exceeding ninety days. 86
129	125		(b) Any grandparent may submit a verified petition under this 87
130	126		section to the Superior Court for the right of visitation with a minor 88
131	127		child, as described in subdivision (1) of subsection (a) of this section, 89
132	128		when (1) either or both parents of the minor child are deceased, (2) the 90
133	129		parents of the minor child are divorced, or (3) the parents of the minor 91
134	130		child are living separate and apart in different locations. The court 92
135	131		shall grant the right of visitation with any minor child to any 93
136	132		grandparent if the court finds after hearing and by clear and 94
137	133		convincing evidence that: (A) The child's parents or guardians are 95
138	134		unreasonably depriving the grandparent of the opportunity to visit 96
139	135		with the minor child; (B) awarding the grandparent visitation will not 97
140	136		interfere with the relationship between the minor child and the parents 98
141	137		or guardians; and (C) (i) the minor child's parents or guardians are 99
142	138		unfit, or (ii) there are compelling circumstances to overcome the 100
143	139		presumption that the decision by the parents or guardians to deny the 101
144	140		grandparent visitation is in the best interest of the minor child, 102
145	141		provided any determination by the court as to the best interest of the 103
146	142		minor child shall be made by utilizing Judicial Branch resources and at 104
147	143		no cost to the parties. 105
148	144		(c) The court may award the prevailing party necessary and 106
149	145		reasonable expenses incurred by or on behalf of the party, including 107
150	146		costs and attorneys' fees. 108 Raised Bill No. 7095
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157	152		This act shall take effect as follows and shall amend the following
158	153		sections:
159	154
160	155		Section 1 October 1, 2019 46b-59
161	156		Sec. 2 October 1, 2019 New section
162	157
163		-	JUD Joint Favorable
164		-
	158	+	Statement of Purpose:
	159	+	To allow a grandparent the right of visitation with his or her
	160	+	grandchild upon demonstrating to the court that clear and convincing
	161	+	circumstances support the granting of such visitation.
	162	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	163	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	164	+	not underlined.]