SSSB 27: "An Act relating to child visitation rights of grandparents and other persons who are not the parents of the child."
00SPONSOR SUBSTITUTE FOR SENATE BILL NO. 27 01 "An Act relating to child visitation rights of grandparents and other persons who 02 are not the parents of the child." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 25.20.060(a) is amended to read: 05 (a) If there is a dispute over child custody, either parent may petition the 06 superior court for resolution of the matter under AS 25.20.060 - 25.20.130. The court 07 shall award custody on the basis of the best interests of the child. In determining the 08 best interests of the child, the court shall consider all relevant factors including those 09 factors enumerated in AS 25.24.150(c). In a custody determination under this 10 section, the court shall provide for visitation by a grandparent or other person if 11 that is in the best interests of the child. 12 * Sec. 2. AS 25.20 is amended by adding a new section to read: 13 Sec. 25.20.065. VISITATION RIGHTS OF GRANDPARENT. (a) Except as 14 provided in (b) of this section, a child's grandparent may petition the superior court for
01 an order establishing reasonable rights of visitation between the grandparent and child 02 if 03 (1) the grandparent has established or attempted to establish ongoing 04 personal contact with the child; and 05 (2) visitation by the grandparent is in the child's best interest. 06 (b) After a decree or final order relating to child custody is entered under 07 AS 25.20.060 or AS 25.24.150 or relating to an adoption under AS 25.23, a 08 grandparent may petition under this section only if 09 (1) the grandparent did not request the court to grant visitation rights 10 during the pendency of proceedings under AS 25.20.060, AS 25.23, or AS 25.24; or 11 (2) there has been a change in circumstances relating to the custodial 12 parent or the minor child that justifies reconsideration of the grandparent's visitation 13 rights. 14 * Sec. 3. AS 25.24.220(d) is amended to read: 15 (d) If the petition is filed by both spouses under AS 25.24.200(a), the court 16 shall examine the petitioners or petitioner present and consider whether 17 (1) the spouses fully understand the nature and consequences of their 18 action; 19 (2) the written agreements between the spouses concerning child 20 custody, child support, and visitation are just as between the spouses and in the best 21 interests of the children of the marriage; in determining whether the parents' 22 agreement on visitation is in the best interests of the children under this 23 paragraph, the court shall also consider whether the agreement should include 24 visitation by grandparents and other persons; 25 (3) the written agreements between the spouses relating to the division 26 of property, including retirement benefits, spousal maintenance, and the allocation of 27 obligations are just; the spousal maintenance and division of property must fairly 28 allocate the economic effect of dissolution and take into consideration the factors listed 29 in AS 25.24.160(a)(2) and (4); 30 (4) the written agreements constitute the entire agreement between the 31 parties; and
01 (5) the conditions in AS 25.24.200(a) have been met.