Court-ordered custody and visitation arrangements; petition for visitation by grandparent.
Impact
If enacted, SB114 would directly amend §20-124.2 of the Code of Virginia, potentially influencing the outcomes of custody cases that involve grandparents. The bill emphasizes the importance of judicial discretion in visitation cases, where a grandparent's established relationship with the child and the motivations behind seeking visitation rights will be assessed. It aims to prioritize the best interests of the child while considering the historical parental relationships in such decisions, which may lead to more inclusive considerations in custody disputes.
Summary
SB114 is a bill related to court-ordered custody and visitation arrangements, particularly focusing on the rights of grandparents to petition for visitation under specific circumstances. It modifies the existing law by outlining the conditions under which a grandparent can successfully petition for visitation rights if the natural or adoptive parent of a child is deceased or incapacitated. The bill allows for the introduction of evidence regarding the parent's consent to visitation, assuming that it's established by a preponderance of evidence to support the grandparent's application.
Contention
Notable points of contention regarding SB114 stem from its implications on the traditional family structures and how visitation rights are structured in Virginia. The bill could be seen as expanding the rights of grandparents, which may create conflicts with existing parental rights. Critics argue that it may complicate custody disputes by introducing additional parties into the decision-making process, potentially leading to more litigation. Supporters, however, argue that it provides necessary safeguards and avenues for grandparents to maintain relationships with grandchildren when familial circumstances change dramatically.