House Bill 123

AN ACT TO AMEND SECTIONS 93-16-1, 93-16-3, 93-16-5 AND 93-16-7, MISSISSIPPI CODE OF 1972, TO INCLUDE GREAT-GRANDPARENTS IN THE GRANDPARENTS' VISITATION RIGHTS LAW; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 93-16-1, Mississippi Code of 1972, is amended as follows:

93-16-1. Any court of this state which is competent to decide child custody matters shall have jurisdiction to grant visitation rights with a minor child or children to the grandparents or great-grandparents of such minor child or children as provided in this chapter.

SECTION 2. Section 93-16-3, Mississippi Code of 1972, is amended as follows:

93-16-3. (1) Whenever a court of this state enters a decree or order awarding custody of a minor child to one (1) of the parents of the child or terminating the parental rights of one (1) of the parents of a minor child, or whenever one (1) of the parents of a minor child dies, either parent of the child's parents may petition the court in which the decree or order was rendered or, in the case of the death of a parent, petition the chancery court in the county in which the child resides, and seek visitation rights with the child.

(2) Any grandparent who is not authorized to petition for visitation rights pursuant to subsection (1) of this section, or great-grandparent may petition the chancery court and seek visitation rights with his or her grandchild or great-grandchild, and the court may grant visitation rights to the grandparent or great-grandparent, provided the court finds:

(a) That the grandparent or great-grandparent of the child had established a viable relationship with the child and the parent or custodian of the child unreasonably denied the grandparent or great-grandparent visitation rights with the child; and

(b) That visitation rights of the grandparent or great-grandparent with the child would be in the best interests of the child.

(3) For purposes of subsection (2) of this section, the term "viable relationship" means a relationship in which the grandparents or great-grandparents or either of them have voluntarily and in good faith supported the child financially in whole or in part for a period of not less than six (6) months before filing any petition for visitation rights with the child, the grandparents or great-grandparents have had frequent visitation including occasional overnight visitation with said child for a period of not less than one (1) year, or the child has been cared for by the grandparents or great-grandparents or either of them over a significant period of time during the time the parent has been in jail or on military duty that necessitates the absence of the parent from the home.

(4) Any petition for visitation rights under subsection (2) of this section shall be filed in the county where an order of custody as to the child has previously been entered. If no custody order has been entered, then the grandparents' or great-grandparents' petition shall be filed in the county where the child resides or may be found. The court shall on motion of the parent or parents direct the grandparents or great-grandparents to pay reasonable attorney's fees to the parent or parents in advance and prior to any hearing, except in cases in which the court finds that no financial hardship will be imposed upon the parents. The court may also direct the grandparents or great-grandparents to pay reasonable attorney's fees to the parent or parents of the child and court costs regardless of the outcome of the petition.

SECTION 3. Section 93-16-5, Mississippi Code of 1972, is amended as follows:

93-16-5. All persons required to be made parties in child custody proceedings or proceedings for the termination of parental rights shall be made parties to any proceeding in which a grandparent or great-grandparent of a minor child or children seeks to obtain visitation rights with such minor child or children; and the court may, in its discretion, if it finds that such visitation rights would be in the best interest of the child, grant to a grandparent or great-grandparent reasonable visitation rights with the child. Whenever visitation rights are granted to a grandparent or great-grandparent, the court may issue such orders as shall be necessary to enforce such rights and may modify or terminate such visitation rights for cause at any time.

SECTION 4. Section 93-16-7, Mississippi Code of 1972, is amended as follows:

93-16-7. This chapter shall not apply to the granting of visitation rights to the natural grandparents or great-grandparents of any child who has been adopted by order or decree of any court unless: (a) one (1) of the legal parents of such child is also a natural parent of such child; or (b) one (1) of the legal parents of such child was related to the child by blood or marriage prior to the adoption. This chapter shall apply to persons who become grandparents or great-grandparents of a child by virtue of adoption.

SECTION 5. This act shall take effect and be in force from and after July 1, 2014.