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36-6-307 - Determination of best interests of child for grandparent visitations.

36-6-307. Determination of best interests of child for grandparent visitations.

In determining the best interests of the child under § 36-6-306, the court shall consider all pertinent matters, including, but not necessarily limited to, the following:

     (1)  The length and quality of the prior relationship between the child and the grandparent and the role performed by the grandparent;

     (2)  The existing emotional ties of the child to the grandparent;

     (3)  The preference of the child if the child is determined to be of sufficient maturity to express a preference;

     (4)  The effect of hostility between the grandparent and the parent of the child manifested before the child, and the willingness of the grandparent, except in case of abuse, to encourage a close relationship between the child and the parent or parents, or guardian or guardians of the child;

     (5)  The good faith of the grandparent in filing the petition;

     (6)  If the parents are divorced or separated, the time-sharing arrangement that exists between the parents with respect to the child; and

     (7)  If one (1) parent is deceased or missing, the fact that the grandparents requesting visitation are the parents of the deceased or missing person.

[Acts 1997, ch. 503, § 2; 2000, ch. 891, § 2.]  

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