10.05.290 Visitation rights – Person other than parent.
(A) A person other than a parent may petition the Court for visitation rights in any case pending under this chapter.
(B) A petition for visitation will be dismissed unless the petitioner can demonstrate by clear and convincing evidence that a significant relationship exists with the child with whom visitation is sought. If the petition is dismissed for failure to establish the existence of a significant relationship, the petitioner will be ordered to pay reasonable representation fees and costs to the parent, parents, other custodian, or representative of the child who responds to the petition.
(C) The Court may order visitation between the petitioner and the child between whom a significant relationship exists upon a finding supported by the evidence that the visitation is in the child’s best interests and that the visitation would not significantly interfere with any parent-child relationship or with the parent’s rightful authority over the child.
(D) If the Court finds that reasonable visitation by a grandparent would be in the child’s best interest except for hostilities that exist between the grandparent and one (1) or both of the parents or person with whom the child lives, the Court may set the matter for mediation.
(E) In addition to the factors set forth in KTC 10.05.010, the Court may consider the following factors when making a determination of the child’s best interests:
(1) The strength of the relationship between the child and the petitioner;
(2) The relationship between each of the child’s parents or the person with whom the child is residing and the petitioner;
(3) The nature and reason for either parent’s objection to granting the petitioner visitation;
(4) The effect that granting visitation will have on the relationship between the child and the child’s parents or the person with whom the child is residing;
(5) The residential time sharing arrangements between the parents;
(6) The good faith of the petitioner;
(7) Any criminal history or history of physical, emotional, or sexual abuse or neglect by the petitioner; and
(8) Any other factor relevant to the child’s best interest.
(F) Visitation granted pursuant to this section will be incorporated into the parenting plan for the child.
(G) The Court may modify or terminate visitation rights granted pursuant to this section in any subsequent modification action upon a showing that the visitation is no longer in the best interest of the child. [Res. 22-R-198 Att. A, 11/17/2022; Res. 09-R-062 Title 2 § (5)(C), 4/30/2009.]