Connecticut 2021 Regular Session

Connecticut House Bill HB06490 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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4	4	LCO No. 3670 1 of 5
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6	6	General Assembly Raised Bill No. 6490
7	7	January Session, 2021
8	8	LCO No. 3670
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10	10
11	11	Referred to Committee on JUDICIARY
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13	13
14	14	Introduced by:
15	15	(JUD)
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20	20	AN ACT CONCERNING A GRANDPARENT'S RIGHT TO VISITATION
21	21	WITH HIS OR HER GRANDCHILD.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Section 46b-59 of the general statutes is repealed and the 1
26	26	following is substituted in lieu thereof (Effective October 1, 2021): 2
27	27	(a) As used in this section: 3
28	28	(1) "Grandparent" means a grandparent or great-grandparent related 4
29	29	to a minor child by (A) blood, (B) marriage, or (C) adoption of the minor 5
30	30	child by a child of the grandparent; and 6
31	31	(2) "Real and significant harm" means that the minor child is 7
32	32	neglected, as defined in section 46b-120, or uncared for, as defined in 8
33	33	said section. 9
34	34	(b) Any person may submit a verified petition to the Superior Court 10
35	35	for the right of visitation with any minor child, [. Such petition] except 11
36	36	that if a verified petition has been filed by a grandparent and (1) either 12
37	37	or both parents of the minor child are deceased, (2) the parents of the 13 Raised Bill No. 6490
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39	39
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41	41	LCO No. 3670 2 of 5
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43	43	minor child are divorced, or (3) the parents of the minor child are living 14
44	44	separate and apart in different locations, the verified petition for the 15
45	45	right of visitation shall be determined in accordance with the provisions 16
46	46	of section 2 of this act. A verified petition submitted under this section 17
47	47	shall include specific and good-faith allegations that [(1)] (A) a parent-18
48	48	like relationship exists between the person and the minor child, and [(2)] 19
49	49	(B) denial of visitation would cause real and significant harm. Subject to 20
50	50	subsection (e) of this section, the court shall grant the right of visitation 21
51	51	with any minor child to any person if the court finds after hearing and 22
52	52	by clear and convincing evidence that a parent-like relationship exists 23
53	53	between the person and the minor child and denial of visitation would 24
54	54	cause real and significant harm. 25
55	55	(c) In determining whether a parent-like relationship exists between 26
56	56	the person and the minor child, the Superior Court may consider, but 27
57	57	shall not be limited to, the following factors: 28
58	58	(1) The existence and length of a relationship between the person and 29
59	59	the minor child prior to the submission of a petition pursuant to this 30
60	60	section; 31
61	61	(2) The length of time that the relationship between the person and 32
62	62	the minor child has been disrupted; 33
63	63	(3) The specific parent-like activities of the person seeking visitation 34
64	64	toward the minor child; 35
65	65	(4) Any evidence that the person seeking visitation has unreasonably 36
66	66	undermined the authority and discretion of the custodial parent; 37
67	67	(5) The significant absence of a parent from the life of a minor child; 38
68	68	(6) The death of one of the minor child's parents; 39
69	69	(7) The physical separation of the parents of the minor child; 40
70	70	(8) The fitness of the person seeking visitation; and 41 Raised Bill No. 6490
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74	74	LCO No. 3670 3 of 5
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76	76	(9) The fitness of the custodial parent. 42
77	77	(d) In determining whether a parent-like relationship exists between 43
78	78	a grandparent seeking visitation pursuant to this section and a minor 44
79	79	child, the Superior Court may consider, in addition to the factors 45
80	80	enumerated in subsection (c) of this section, the history of regular 46
81	81	contact and proof of a close and substantial relationship between the 47
82	82	grandparent and the minor child. 48
83	83	(e) If the Superior Court grants the right of visitation pursuant to 49
84	84	subsection (b) of this section, the court shall set forth the terms and 50
85	85	conditions of visitation including, but not limited to, the schedule of 51
86	86	visitation, including the dates or days, time and place or places in which 52
87	87	the visitation can occur, whether overnight visitation will be allowed 53
88	88	and any other terms and conditions that the court determines are in the 54
89	89	best interest of the minor child, provided such conditions shall not be 55
90	90	contingent upon any order of financial support by the court. In 56
91	91	determining the best interest of the minor child, the court shall consider 57
92	92	the wishes of the minor child if such minor child is of sufficient age and 58
93	93	capable of forming an intelligent opinion. In determining the terms and 59
94	94	conditions of visitation, the court may consider (1) the effect that such 60
95	95	visitation will have on the relationship between the parents or 61
96	96	guardians of the minor child and the minor child, and (2) the effect on 62
97	97	the minor child of any domestic violence that has occurred between or 63
98	98	among parents, grandparents, persons seeking visitation and the minor 64
99	99	child. 65
100	100	(f) Visitation rights granted in accordance with this section shall not 66
101	101	be deemed to have created parental rights in the person or persons to 67
102	102	whom such visitation rights are granted, nor shall such visitation rights 68
103	103	be a ground for preventing the relocation of the custodial parent. The 69
104	104	grant of such visitation rights shall not prevent any court of competent 70
105	105	jurisdiction from thereafter acting upon the custody of such child, the 71
106	106	parental rights with respect to such child or the adoption of such child 72
107	107	and any such court may include in its decree an order terminating such 73
108	108	visitation rights. 74 Raised Bill No. 6490
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112	112	LCO No. 3670 4 of 5
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114	114	(g) Upon motion, the court may order the payment of fees for another 75
115	115	party, the attorney for the minor child, the guardian ad litem, or any 76
116	116	expert by any party in accordance with such party's financial ability. 77
117	117	Sec. 2. (NEW) (Effective October 1, 2021) (a) As used in this section, (1) 78
118	118	"grandparent" means a grandparent or great-grandparent related to a 79
119	119	minor child by blood, marriage or adoption of the minor child by a child 80
120	120	of the grandparent, and (2) "unreasonably depriving the grandparent of 81
121	121	the opportunity to visit with the minor child" includes, but is not limited 82
122	122	to, denying a grandparent the opportunity to visit with the minor child 83
123	123	for a period of time exceeding ninety days. 84
124	124	(b) Any grandparent may submit a verified petition under this 85
125	125	section to the Superior Court for the right of visitation with a minor 86
126	126	child, as described in subdivision (1) of subsection (a) of this section, 87
127	127	when (1) either or both parents of the minor child are deceased, (2) the 88
128	128	parents of the minor child are divorced, or (3) the parents of the minor 89
129	129	child are living separate and apart in different locations. The court shall 90
130	130	grant the right of visitation with any minor child to any grandparent if 91
131	131	the court finds after hearing and by clear and convincing evidence that: 92
132	132	(A) The child's parents or guardians are unreasonably depriving the 93
133	133	grandparent of the opportunity to visit with the minor child; (B) 94
134	134	awarding the grandparent visitation will not interfere with the 95
135	135	relationship between the minor child and the parents or guardians; and 96
136	136	(C) (i) the minor child's parents or guardians are unfit, or (ii) there are 97
137	137	compelling circumstances to overcome the presumption that the 98
138	138	decision by the parents or guardians to deny the grandparent visitation 99
139	139	is in the best interest of the minor child, provided any determination by 100
140	140	the court as to the best interest of the minor child shall be made by 101
141	141	utilizing Judicial Branch resources and at no cost to the parties. 102
142	142	(c) The court may award the prevailing party necessary and 103
143	143	reasonable expenses incurred by or on behalf of the party, including 104
144	144	costs and attorneys' fees. 105 Raised Bill No. 6490
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148	148	LCO No. 3670 5 of 5
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150	150	This act shall take effect as follows and shall amend the following
151	151	sections:
152	152
153	153	Section 1 October 1, 2021 46b-59
154	154	Sec. 2 October 1, 2021 New section
155	155
156	156	Statement of Purpose:
157	157	To allow a grandparent the right of visitation with his or her grandchild
158	158	upon demonstrating to the court that clear and convincing
159	159	circumstances support the granting of such visitation.
160	160	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
161	161	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
162	162	underlined.]
163	163