Introduced Version






SENATE BILL No. 121

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 31-17-5.

Synopsis: Grandparent visitation. Provides that a child's grandparent may seek visitation rights when a parent or guardian of the child unreasonably refuses or restricts visitation. Eliminates current conditions under which a grandparent may seek visitation rights.

Effective: July 1, 2006.





Waterman




    January 9, 2006, read first time and referred to Committee on Judiciary.







Introduced

Second Regular Session 114th General Assembly (2006)


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SENATE BILL No. 121



    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 31-17-5-1; (06)IN0121.1.1. -->     SECTION 1. IC 31-17-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. (a) A child's grandparent may seek visitation rights if
        (1) the child's parent is deceased;
        (2) the marriage of the child's parents has been dissolved in Indiana; or
        (3) subject to subsection (b), the child was born out of wedlock.
a parent or guardian of the child unreasonably:
        (1) refuses to allow; or
        (2) restricts;
visitation by the grandparent.

    (b) A court may not grant visitation rights to a paternal grandparent of a child who is born out of wedlock under subsection (a)(3) if the child's father has not established paternity in relation to the child.
SOURCE: IC 31-17-5-4; (06)IN0121.1.2. -->     SECTION 2. IC 31-17-5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. A grandparent seeking visitation rights shall file a petition requesting reasonable

visitation rights:
        (1) except as provided in subdivision (2), in a circuit or superior court of the county in which the child resides in a case described in section 1(a)(1), 1(a)(3), section (1)(a) or 10 of this chapter; or
        (2) in the court having jurisdiction over the dissolution of the parents' marriage in a case described in section 1(a)(2) of this chapter. if the marriage of the child's parents has been dissolved in Indiana.