Establishing grandparents' visitation rights.
A grandparent may bring an original action against any person
having custody of the grandparent's minor grandchild to establish reasonable
visitation rights to the child. If the court finds, after a hearing, that
visitation would be in the best interest of the child and that the rights
of the child's parents are not substantially impaired, the court
shall grant reasonable visitation rights to the grandparent. In any action
under this section for which the court appoints a guardian ad litem, the
grandparent shall be responsible for all fees and expenses associated with
the appointment.
Repealed By Laws 1997, ch. 71, § 2
No action to establish visitation rights may be brought by a grandparent under subsection (a) of this section if the minor grandchild has been adopted and neither adopting parent is a natural parent of the child.
In any action or proceeding in which visitation rights have
been granted to a grandparent under this section, the court may for good
cause upon petition of the person having custody or who is the guardian
of the child, revoke or amend the visitation rights granted to the grandparent.
Title 20, Chap. 7, §20-7-101
Establishing primary caregivers' visitation rights.
With notice or reasonable efforts to provide notice to the
noncustodial parent, a person may bring an original action against any
person having custody of the child to establish reasonable visitation rights
to the child if the person bringing the original action has been the primary
caregiver for the child for a period of not less than six (6) months within
the previous eighteen (18) months. If the court finds, after a hearing,
that visitation would be in the best interest of the child and that the
rights of the child's parents are not substantially impaired, the court
shall grant reasonable visitation rights to the primary caregiver.
In any action under this section for which the court appoints a guardian
ad litem, the person bringing the original action under this section shall
be responsible for all fees and expenses associated with the appointment.
No action to establish visitation rights under subsection (a) of this section may be brought by a person related to the child by blood or by a person acting as primary caregiver for the child prior to the adoption of the minor child when neither adopting parent is related by blood to the child.
In any action or proceeding in which visitation rights have
been granted to a primary caregiver under this section, the court may for
good cause upon petition of the person having custody or who is the guardian
of the child, revoke or amend the visitation rights granted to the primary
caregiver.
Title 20, Chap. 7, §20-7-102
