HOUSE OF REPRESENTATIVES

H.B. NO.

435

TWENTY-NINTH LEGISLATURE, 2017

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO GRANDPARENTS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. Section 571-46.3, Hawaii Revised Statutes, is amended to read as follows:

"571-46.3 Grandparents' custody and visitation rights; petition; notice; order. (a) A grandparent of a minor child may file a petition with the court for an order of custody. The court may award custody; provided that the following criteria are met:

(1) This State is the home state of the child at the time of the commencement of the proceeding;

(2) An award of custody is in the best interest of the child; and

(3) Denial of custody would cause significant harm to the child.

(b) A grandparent [or the grandparents] of a minor child may file a petition with the court for an order of reasonable visitation rights. The court may award reasonable visitation rights; provided that the following criteria are met:

(1) This State is the home state of the child at the time of the commencement of the proceeding; [and

(2) Reasonable visitation rights are in the best interests of the child.]

(2) Grandparent visitation is in the best interest of the child; and

(3) Denial of reasonable grandparent visitation rights would cause significant harm to the child.

(c) Unless otherwise provided by this section, in ruling on a petition for custody or visitation rights by a grandparent, the court shall be guided by all standards, considerations, and procedures for custody and visitation provided under section 571-46.

(d) No hearing for an order of custody or reasonable visitation rights under this section shall be had unless each of the living parents and the child's custodians shall have had due notice, actual or constructive, of the allegations of the petition and of the time and place of the hearing thereof.

An order made pursuant to this section shall be enforceable by the court, and the court may issue other orders to carry out these enforcement powers if in the best interests of the child."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2075.


 


 

Report Title:

Kupuna Caucus; Child Custody; Visitation; Grandparents

 

Description:

Allows the family court to award a grandparent, upon petition to the court, custody rights to a minor child, and establishes criteria to obtain such custody. Adds criteria regarding the award by the family court of grandparent visitation rights to a minor child. (HB435 HD1)

 

 

 

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