§ 15-5-24.3 - Visitation rights – Grandparents and siblings.
SECTION 15-5-24.3
§ 15-5-24.3 Visitation rights –Grandparents and siblings. – (a) The family court, upon miscellaneous petition of a grandparent forvisitation rights with the petitioner's grandchild, and upon notice to bothparents of the child and notice to the child, and after a hearing on thepetition, may grant reasonable rights of visitation of the grandchild to thepetitioner.
(2) The court, in order to grant the petitioner reasonablerights of visitation, must find and set forth in writing the following findingsof fact:
(i) That it is in the best interest of the grandchild thatthe petitioner is granted visitation rights with the grandchild;
(ii) That the petitioner is a fit and proper person to havevisitation rights with the grandchild;
(iii) That the petitioner has repeatedly attempted to visithis or her grandchild during the ninety (90) days immediately preceding thedate the petition was filed and was not allowed to visit the grandchild duringthe ninety (90) day period as a direct result of the actions of either, orboth, parents of the grandchild;
(iv) That there is no other way the petitioner is able tovisit his or her grandchild without court intervention; and
(v) That the petitioner, by clear and convincing evidence,has successfully rebutted the presumption that the parent's decision to refusethe grandparent visitation with the grandchild was reasonable.
(b) The family court, upon miscellaneous petition of, or onbehalf of, a sibling(s) for visitation rights with a minor brother(s), and/orstep-brother(s), and/or sister(s), and/or step-sister(s) of the sibling(s) andupon notice to both parents of the minor and notice to the minor, and after ahearing on the petition, may grant reasonable rights of visitation of the minorto a sibling(s).
(2) The court, in order to grant a sibling reasonable rightsof visitation, must find and set forth in writing the following findings offact:
(i) That it is in the best interest of the minor that asibling(s) be granted visitation rights with the minor;
(ii) That the sibling(s) is a fit and proper person to havevisitation rights with the minor;
(iii) That the sibling(s) was not allowed to visit the minorduring the ninety (90) day period immediately preceding the date the petitionwas filed as a direct result of the actions of either, or both, parents orguardians of the minor;
(iv) That there is no other way the sibling(s) is able tovisit the minor without court intervention; and
(v) That the sibling(s), by clear and convincing evidence,has successfully rebutted the presumption that the parental decision to refusethe visitation with the minor was reasonable.
(c) The court may issue all necessary orders relative to thevisitation rights it has granted. Once a petition has been granted, notice ofany petition seeking a change in custody or visitation shall be served on thepetitioner.