HB 23-1026

House Bill 23-1026, also known as "Family Time for Grandparents," allows grandparents or great-grandparents to ask a court for permission to spend time with their grandchildren when there has been a custody dispute. The bill ensures that a child's legal interests are represented in these cases and assumes that parents know what’s best for their children unless the grandparent can prove otherwise using strong evidence. This law changes how we refer to grandparents' rights from "visitation" to "family time." It was signed by the governor on May 23, 2023, and will take effect on August 7, 2023.

Official Summary

Current law allows a grandparent or great-grandparent to seek a court order granting the grandparent or great-grandparent the right to visit grandchildren or great-grandchildren when there is or has been a child custody case or a case concerning the allocation of parental responsibilities relating to that child. The act allows a court to appoint a child's legal representative to represent the child's best interests in a matter seeking to grant grandparents or great-grandparents family time (family time) with grandchildren or great-grandchildren. The act clarifies that in determining the best interests of a child for the purpose of family time, the court shall presume that any parental determination regarding family time is in the best interests of the child. A grandparent or great-grandparent may overcome the presumption by proving through clear and convincing evidence that the family time is in the child's best interests. The act changes the term "visitation rights" to "grandparent or great-grandparent family time". APPROVED by Governor May 23, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

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