CUSTODY AND VISITATION RIGHTS FOR PERSONS WITH A PARENT/CHILD RELATIONSHIP

This act modifies provisions relating to child custody and visitation rights of a person who is not the biological or legal parent of a child with whom he or she has a parent/child relationship. This act allows such person to petition a court for an order establishing custody and visitation rights. The provisions of this act shall not be construed to affect the procedure for the termination of parental rights or to revive the rights of a natural parent whose rights have previously been terminated.

A petition may only be filed if at least one of the natural parents is deceased, at least one of the natural parents is unknown, the whereabouts of at least one of the natural parents is unknown and unascertainable for a period of one year, the parental rights of at least one biological parent have been terminated, or the remaining parent has not had an ongoing parent/child relationship with the minor child in question for a period of one year prior to the filing of the petition.

The petitioner shall establish by a preponderance of the evidence that an ongoing parent/child relationship exists or did exist. There shall be a rebuttable presumption that the biological or legal parents act in the best interests of the minor child, and this presumption can be rebutted using the preponderance of the evidence or the clear and convincing evidence standard.

If a court determines that a relationship exists between the minor child and the petitioner and the parental presumption has been rebutted, a court may grant a petitioner visitation or custody rights if it is in the child's best interests and:

-the natural parent is unfit, unsuitable, or unable to be a custodian;

-the welfare of the child requires the granting of such rights; or

-the natural parent is listed in the Child Abuse and Neglect Central Registry.

This act prohibits the parental presumption from being used in any action to modify a judgment granted under these provisions. SECTION 452.398

CUSTODY OR VISITATION ORDERS FOR MILITARY PARENTS

This act also provides that if a military parent is required to be separated from a child due to deployment, a court shall not enter a final order under the provisions of this act relating to the parent/child relationship until 90 days after the deployment ends. Deployment or the potential for future deployment of a military parent cannot constitute grounds sufficient to support a custody or visitation order under these provisions. If a parent is required to be separated from his or her child due to employment and the parent provides ongoing support, the separation cannot constitute grounds sufficient to support a custody or visitation order under these provisions. SECTION 452.398.13 AND 14

RACIAL CONSIDERATION IN ADOPTION PROCEEDINGS

This act provides that the race or ethnicity of the adoptive child, the child's biological parents or the prospective adoptive parents shall not be a consideration when determining the best interests of the child, the welfare of the child, the suitability or assessment of prospective adoptive parents or the home of the prospective adoptive parents in adoptive placements. As to any Native American child placed in protective custody, the division shall comply with current federal placement requirements. SECTION 453.005

This provision is identical to the perfected version of SB 711 (2012).

ADRIANE CROUSE