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 Section 46b-59 of the general statutes is repealed and the 1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