SB 27 - MISC. GRANDPARENT VISITATION RIGHTS Number 1203 JAMES ARMSTRONG, Legislative Researcher for Senator Donley, said SB 27 would give grandparents the legal status to petition the court for visitation rights with their grandchildren. Under existing law, the court can grant an order that provides for visitation by grandparents in divorce and separation proceedings, and in cases when one or both of the parents have died. Grandparents themselves are not allowed to initiate such an action. MR. ARMSTRONG explained that SB 27 would give grandparents the standing to ask for visitation rights if those rights were denied or not initially provided for by the court. SB 27 does not require that visitation rights be given, it is completely up to the discretion of the judge. The best interest of the child would be the primary factor for granting such rights. MR. ARMSTRONG said to his knowledge, Alaska is the only state in the Union that does not currently allow grandparents to make such petitions. This bill has a zero fiscal note, and the Senator's office has heard of no opposition to this bill. Number 1272 CO-CHAIR TOOHEY knows of grandparents who, because of current law, are not allowed to petition the courts for visitation rights. Therefore, there is no contact with the child at all. MR. ARMSTRONG said there is reference in statute, AS 25.24.150, in which the court can currently grant the action. However, if that grant is not provided for, the grandparents have no recourse with which to visit their grandchildren. This bill will allow them to petition the court. MR. ARMSTRONG said Section 1 addresses other custody disputes. Section 2 is a general provision clause, as is found in other states. This does not put any parameters on when the grandparents can petition. Section 3 of the bill deals with dissolutions. Sections 1 and 3 provide consistency with existing laws. Section 2 gives grandparents the right to petition. CO-CHAIR BUNDE said there was a similar House bill in the HESS Committee that was scheduled to be heard the following week. The sponsor of the bill, Representative Willis, was present, and Co- Chair Bunde asked if Representative Willis would like to make any comments. Number 1350 REPRESENTATIVE ED WILLIS confirmed that he does have similar legislation, however, he would urge the committee to act on SB 27 to get it moving. He is speaking not only as a legislator, but as a grandparent. As was pointed out, this bill did pass the Senate last year, and died at the end of the last session. He urged HESS Committee members to pass SB 27. Number 1400 REPRESENTATIVE CAREN ROBINSON asked Mr. Armstrong about the wording concerning grandparents "and other persons." She asked if he would speak on who would be included in that phrase. MR. ARMSTRONG said "other persons," according to the drafter, is mentioned in AS 25.24.150, which provides for the court to grant a visitation petition to grandparents. The drafter of the bill said this language would keep SB 27 consistent with current statute. It would apply to aunts, uncles, cousins. CO-CHAIR BUNDE said the only hesitation he has with this bill concerns horror stories he has read about in the newspapers where grandparents and their adult children are estranged. Therefore, the grandchildren become pawns in the acrimonious battle between adult children and the grandparents. He assumed, whether it was fair or not, the parent will probably always prevail for custody of the child. Number 1487 CO-CHAIR BUNDE asked Mr. Armstrong if children are adequately protected from being "pawns" in a battle between adults. MR. ARMSTRONG said that is completely up to the discretion of the judge. The primary factor is the best interest of the child. This bill does not force the judge to grant visitation. However, if the grandparents feel they have a right to interact with their grandchildren, they have the right to petition. Grandparents can petition, but the judge can deny that petition if he or she feels it is in the best interest of the child. Number 1517 CO-CHAIR TOOHEY expressed concern about the stories she has heard about horrible grandparents. She confirmed that the decision was up to the judge's discretion. Number 1553 REPRESENTATIVE TOM BRICE moved SB 27 to the next committee of referral with individual recommendations and accompanying fiscal notes. There were no objections, and the bill passed.