GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

S                                                                                                                                                    D

SENATE DRS35270-LU-42  (01/29)

Short Title:        Study Grandparent Visitation Rights.		(Public)
Sponsors:	Senator McKissick (Primary Sponsor).
Referred to:

A BILL TO BE ENTITLED

AN ACT to establish the joint legislative study committee on grandparent visitation rights and child custody.

The General Assembly of North Carolina enacts:

SECTION 1.  There is created the Joint Legislative Study Committee on Grandparent Visitation Rights and Child Custody (Committee). The Committee shall consist of 10 members to be appointed as follows:

(1)        Five members of the Senate appointed by the President Pro Tempore of the Senate.

(2)        Five members of the House of Representatives appointed by the Speaker of the House of Representatives.

The President Pro Tempore of the Senate shall designate one senator as cochair, and the Speaker of the House of Representatives shall designate one representative as cochair. Vacancies on the Committee shall be filled by the same appointing authority who made the initial appointment.

The Committee, while in the discharge of its official duties, may exercise all powers provided for under G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4. The Committee may meet at any time upon the joint call of the cochairs. The Committee may meet in the Legislative Building or the Legislative Office Building. The Committee may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02.

The Legislative Services Commission, through the Legislative Services Officer, shall assign professional staff to assist the Committee in its work. The Senate and House of Representatives' Directors of Legislative Assistants shall assign clerical staff to the Committee, and the expenses relating to the clerical employees shall be borne by the Committee. Members of the Committee shall receive subsistence and travel expenses at the rates set forth in G.S. 120-3.1, 138-5, or 138-6, as appropriate.

SECTION 2.  The Committee shall study grandparent visitation rights and the use of health-related conditions as a factor in determining child custody. In conducting the study, the Committee shall consider issues related to the following:

(1)        The State's current laws regarding custody and visitation.

(2)        The State's current laws regarding the factors a court may consider in determining custody, specifically as related to the health of the custodial parent.

(3)        The State's current laws regarding grandparent visitation rights.

(4)        Legislation adopted by other states addressing grandparent visitation rights.

(5)        Legislation adopted by other states addressing the factors other states' courts consider in determining custody, specifically as related to the health of the custodial parent.

(6)        The circumstances under which grandparents should be granted visitation rights in this State.

(7)        The legal impact of expanding grandparent visitation rights in this State.

(8)        Whether grandparent visitation, if granted, should be supervised or unsupervised.

(9)        Whether, and to what extent, the health of the custodial parent should be used as a factor in determining child custody.

(10)      Any other issues the Committee deems relevant to the study.

SECTION 3.  The Committee shall make a final report of its findings and recommendations to the 2014 Regular Session of the 2013 General Assembly, prior to its convening. The Committee shall terminate upon the filing of its final report.

SECTION 4.  This act is effective when it becomes law.