2001 REGULAR SESSION (71st)                                                                              A AB34 187

Amendment No. 187

 

Assembly Amendment to Assembly Bill No. 34                                                                  (BDR 11‑193)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:               Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 1, by deleting lines 15 through 18 and inserting:

“minority . [, if the court finds that the visits would be in the best interests of the child.]”.

     Amend section 1, page 1, by deleting line 20 and inserting:

“a meaningful relationship, the district court in the county in which the child resides also may grant to that person a”.

     Amend section 1, page 2, by deleting lines 1 through 11 and inserting:

“the person is related to the child . [, if the court finds that the visits would be in the best interests of the child.]

     3.  A party may seek a reasonable right to visit the child during his minority pursuant to subsection 1 or 2 only if a parent of the child has denied or restricted visits with the child.

     4.  If a parent of the child has denied or restricted visits with the child, there is a rebuttable presumption that the granting of a right to visitation to a party seeking visitation is not in the best interests of the child. To rebut this presumption, the party seeking visitation must prove by a preponderance of the evidence that it is in the best interests of the child to grant visitation.

     5.  The court may grant a party seeking visitation pursuant to subsection 1 or 2 a reasonable right to visit the child during his minority only if the court finds that the party seeking visitation has rebutted the presumption established in subsection 4.

     6.  In determining whether [to grant a right to visitation to a petitioner pursuant to subsection 1 or 2,] the party seeking visitation has rebutted the presumption established in subsection 4, the court shall consider:”.

     Amend section 1, page 2, line 42, by deleting “4.” and inserting “[4.] 7.”.

     Amend section 1, page 3, by deleting lines 2 through 6 and inserting:

“court must find that the visits would be in the best interests of the child in light of the considerations set forth in paragraphs (a) to (j), inclusive, of subsection [3.] 6.

     [5.] 8.  Rights to visit a child may be granted:”.

     Amend section 1, page 3, line 17, by deleting “6.” and inserting “[6.] 9.”.

     Amend section 1, page 3, line 21, by deleting “7.” and inserting “[7.] 10.”.