Date: 1983-04-19
Speaker: MATTHEW RINALDO (republican)
Chamber: H

and I. along with seven of my colleagues. contacted the National Conference of Commissioners on Uniform State Laws urging their attention to this problem. This nonFederal Government entity was established in 1892 and is vested with responsibility "to promote uniformity in State laws on all subjects where uniformity is deemed desirable and practical." Procedures in the proposed Uniform Grandparent Visitation Act for the interstate recognition and enforcement of State court orders could perhaps be modeled after those found in the Uniform Child Custody Jurisdiction Act (UCCJA). which has been widely adopted by the States. The main thrust of House Concurrent Resolution 45. introduced February 7 with AusTIN J. MURPHY. chair of Select Education Subcommittee and 41 cosponsors. is to try and bring about uniformity among the 42 State laws which now exist allowing some grandparents the right to petition a court when seeking visitation privileges. I believe that this resolution. calling upon the National Conference of Commissioners on Uniform State Laws to develop a model State act providing grandparents with the uniform right to petition and to be heard with respect to maintaining access to their grandchildren following marital dissolution. is a sensible and effective approach to assist States in protecting the familial interests that State laws seek to serve. By encouraging all States to adopt a model act. interstate recognition of awarded visitation privileges would be insured. Like present State laws. this model act would not give grandparents an absolute right of visitation. Rather. it would permit grandparents to uniformly petition the court. asking that such privileges be granted. No visitation right as such would accrue until a court order had been issued granting the petition. However. with uniform laws reciprocity among the States would greatly enhance enforcement of such court orders. The resolution also encourages the National Center on Child Abuse and Neglect to develop and disseminate guidelines that would recognize that "childrens best interests" can often be served by allowing grandparents to maintain continued contact. Thus. the presumption of visitation based on the -childs best interest" would be preserved. However. the vital relationship that exists between grandparents and grandchildren would be recognized. It is this relationship that ought to be one of the factors used by State courts in determining whether visitation is in the childs "best interest." For the benefit of my colleagues I am inserting excerpts from two letters that I received just this week from State legislators. From a State representative of the Colorado House of Representatives: I have received numerous requests for assistance from my constituents who face grandparent visitation problems. In one particularly distressing case. the grandparents. In spite of their own problems. cared for their orphaned grandchild after the parents death. In time the child was adopted by a more youthful couple. but only after the couple repeatedly assured the grandparents that they could always have unlimited visitation with the child. Unfortunately. the adopting couple soon left Colorado and have completely refused to allow grandparents any communication with the childto the extent of returning holiday greeting cards. I thank you. not only for myself. but also for the many grandparents who would benefit from the provisions this resolution would foster. From the Arizona State Senate: Enclosed you will find a copy of Senate Bill 1029 recently adopted by the Arizona Legislature concerning the matter of Grandparents Visitation Rights. As the author and prime sponsor. I am pleased to report that Arizona has now joined your nationwide campaign. Your recent letter to Mrs. Geraldine Gould of Scottsdale was forwarded to me for action. I requested all grandparents supportive of our efforts to contact Mrs. Gould and offer assistance in forming an Arizona "Chapter" of concerned citizens. Enaction of this legisl*\tion in my state does not terminate my interest. Please be advised that I stand prepared to support your attempts to pass federal legislation. in every conceivable manner. Let me know if I can help.