SB 59-3_ Filed 02/24/2010, 07:47 Noe
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that Engrossed Senate Bill 59 be amended to read as follows:
Replace the effective dates in SECTIONS 1 through 12 with
"[EFFECTIVE JULY 1, 2010]".
SOURCE: Page 4, line 4; (10)MO005908.4. -->
Page 4, line 4, after "(4)" insert " subject to subsection (c),".
Page 4, between lines 12 and 13, begin a new paragraph and insert:
" (c) A grandparent or great-grandparent has standing to seek
visitation rights under subsection (a)(4) only if a parent has
relinquished physical control and care of the child to the
petitioning grandparent or great-grandparent for a substantial
Page 4, delete lines 13 through 42, begin a new paragraph and
SOURCE: IC 31-17-5-2; (10)MO005908.7. -->
"SECTION 7. IC 31-17-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) For purposes of
this chapter, there is a rebuttable presumption that a parent acts
in the best interests of the parent's child.
(b) A grandparent or a great-grandparent may not be granted
visitation rights unless the grandparent or great-grandparent
rebuts the presumption under subsection (a).
(a) (c) The court may grant visitation rights if the court determines
that the grandparent or great-grandparent has rebutted the
presumption under subsection (a) and that visitation rights are in the
best interests of the child. In determining the best interests of the
child, the court shall consider all relevant factors, including the
(1) The age and sex of the child.
(2) The wishes of the child's parent, parents, grandparent,
grandparents, great-grandparent, or great-grandparents.
(3) The wishes of the child, with more consideration given to
the child's wishes if the child is at least fourteen (14) years of
(4) The interaction and interrelationship of the child with:
(A) the child's parent or parents; and
(B) the child's grandparent, grandparents,
great-grandparent, or great-grandparents.
(5) The mental and physical health of all individuals involved.
(6) Evidence of a pattern of domestic or family violence by the
child's grandparent, grandparents, great-grandparent, or
(7) Evidence that the child has been cared for by the child's
grandparent, grandparents, great-grandparent, or
(b) (d) In determining the best interests of the child under this
section for a grandparent or great-grandparent seeking visitation
under section 1(a)(1) through 1(a)(3) of this chapter, the court may
consider whether a grandparent or great-grandparent has had or has
attempted to have meaningful contact with the child.
(c) (e) The court may interview the child in chambers to assist the
court in determining the child's perception of whether visitation by a
grandparent or great-grandparent is in the best interests of the child.
(d) (f) The court may permit counsel to be present at the interview.
If counsel is present:
(1) a record may be made of the interview; and
(2) the interview may be made part of the record for purposes of
SOURCE: Page 5, line 1; (10)MO005908.5. -->
Page 5, delete lines 1 through 6.
Page 6, delete line 28.
Renumber all SECTIONS consecutively.
(Reference is to ESB 59 as printed February 22, 2010.)
MO005908/DI 110 2010