Introduced
by
To revise the state grandparent visitation law, which applies to child custody disputes, to comply with a ruling from the state Supreme Court in the case of DeRose v DeRose. The court ruled that the previous law excessively limited the authority of parents. The bill would place the burden of proof on a grandparent to show that a parent's decision to not approve grandparenting time is not in the child's best interest. Before issuing a grandparenting time order a court would have to consider factors such as the love, affection, and other emotional ties existing between the grandparent and the child; the grandparent’s moral fitness; the grandparent’s mental and physical health; the child’s reasonable preference; the effect on the child of hostility between parent and grandparent; and more.
Referred to the Committee on Judiciary
Reported without amendment
With the recommendation that bill be referred to the Committee on Senior Citizens and Veterans Affairs.
Referred to the Committee on Senior Citizens and Veterans Affairs
Reported without amendment
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Substitute offered
To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described, amended to establish that if two fit parents both oppose an order for grandparenting time, the court must dismiss the grandparent's request for it.
The substitute passed by voice vote
Passed in the Senate 38 to 0 (details)
To revise the state grandparent visitation law, which applies to child custody disputes, to comply with a ruling from the state Supreme Court in the case of DeRose v DeRose. The court ruled that the previous law excessively limited the authority of parents. The bill would place the burden of proof on a grandparent to show with "clear and convincing" evidence that grandparenting time is in the child's best interest. Before issuing a grandparenting time order a court would have to consider factors such as the love, affection, and other emotional ties existing between the grandparent and the child; the grandparent’s moral fitness; the grandparent’s mental and physical health; the child’s reasonable preference; the effect on the child of hostility between parent and grandparent; and more.
Referred to the Committee on Judiciary
Reported without amendment
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
Substitute offered
To replace the Senate-passed version of the bill with one that changes the standard a grandparent must meet to demonstrate that court-ordered "grandparenting time" is in the child's best interest. The Senate requires "clear and convincing" evidence, and this version requires a lower "preponderance of evidence" standard.
The substitute passed by voice vote
Amendment offered
by
To prohibit a court from referring a complaint or motion for grandparenting time filed to the Friend of the Court office, but instead authorize a court to refer it to domestic relations mediation as provided by supreme court rule.
The amendment passed by voice vote
Amendment offered
by
To clarify certain technical requirements in the bill.
The amendment passed by voice vote
Amendment offered
by
To change the standard a grandparent must meet to demonstrate that court-ordered "grandparenting time" is in the child's best interest from a lower "preponderance of evidence" standard to one that requires "clear and convincing" evidence.
Consideration postponed
Amendment offered
The amendment failed 51 to 52 (details)
Passed in the House 101 to 4 (details)
To revise the state grandparent visitation law, which applies to child custody disputes, to comply with a ruling from the state Supreme Court in the case of DeRose v DeRose. The court ruled that the previous law excessively limited the authority of parents. The bill would place the burden of proof on a grandparent to show with a "preponderance of the evidence" that grandparenting time is in the child's best interest. Before issuing a grandparenting time order a court would have to consider factors such as the love, affection, and other emotional ties existing between the grandparent and the child; the grandparent’s moral fitness; the grandparent’s mental and physical health; the child’s reasonable preference; the effect on the child of hostility between parent and grandparent; and more.
Failed in the Senate 2 to 36 (details)
To concur with a House-passed version of the bill. The vote sends the bill to a House-Senate conference committee to work out the differences.
Passed in the Senate 37 to 0 (details)
A House-Senate conference committee compromise version, which revises the state grandparent visitation law by requiring a grandparent to show with a "preponderance of the evidence" that grandparenting time is in the child's best interest. This resolves a difference between the House and the Senate, which had preferred a stricter "clear and convincing evidence" standard before a court could overrule the wishes of a parent and issue a grandparenting time order in child custody disputes.
Passed in the House 102 to 0 (details)
