May 15, 2009

Senate Bill 1105: Grandparent Visitation Rights

Senate Judiciary and Rules Committee

Repeals and adds to existing law relating to visitation rights of grandparents to provide for visitation rights of grandparents.


2/16/2009(Senate) First Reading—to printing
2/17/2009(Senate) Referred to Judiciary Committee

This bill died when the legislature adjourned.

HSLDA's Position:
HSLDA is opposed to the bill.

Action Requested:
No action requested at this time.

Over the years, HSLDA has represented member families in conflict with grandparents who did not like homeschooling. These grandparents would try to stop the homeschooling through various means including turning the family over to the child welfare services. Thankfully, most grandparents we come in contact with at HSLDA support homeschooling and in some situations even participate in the teaching.

However, S.B. 1105 would give grandparents and great-grandparents the right to sue parents for visitation rights. If this bill becomes law, the grandparents could sue for a variety of reasons including, but not limited to if “the marital relationship between the parents of the grandchild has been severed by death, divorce, or legal separation,” or if the grandchild is illegitimate, or “a court in another state has ordered grandparent visitation,” or if it is in the grandchild’s best interest, or if the grandparent had a pre-existing relationship with the grandchild for an extended period of time.

Of course, if a grandparent brings such a suit under this act, the court may appoint a guardian ad litem to represent the child and order family mediation and a psychological evaluation of the child. Parental rights would be ignored.

 Other Resources

Bill Text ( requires Adobe Acrobat Reader)

Bill History