Bill Text: HI HB435 | 2017 | Regular Session | Amended
Bill Title: Relating To Grandparents.
Spectrum: Strong Partisan Bill (Democrat 17-1)
Status: (Introduced - Dead) 2017-02-07 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Oshiro excused (1). [HB435 Detail]
Download: Hawaii-2017-HB435-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
435 |
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TWENTY-NINTH LEGISLATURE, 2017 |
H.D. 1 |
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STATE OF HAWAII |
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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)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
