(1) (a) The Circuit Court may grant reasonable visitation rights to either the paternal
or maternal grandparents of a child and issue any necessary orders to enforce the
decree if it determines that it is in the best interest of the child to do so. Once a grandparent has been granted visitation rights under this subsection, those
rights shall not be adversely affected by the termination of parental rights belonging
to the grandparent's son or daughter, who is the father or mother of the child visited
by the grandparent, unless the Circuit Court determines that it is in the best interest
of the child to do so.
(b) If the parent of the child who is the son or daughter of the grandparent is deceased,
there shall be a rebuttable presumption that visitation with the grandparent is in
the best interest of the child if the grandparent can prove a pre-existing significant
and viable relationship with the child.
(c) In order to prove a significant and viable relationship under paragraph (b) of
this subsection, the grandparent shall prove by a preponderance of the evidence that:
1. The child resided with the grandparent for at least six (6) consecutive months
with or without the current custodian present;
2. The grandparent was the caregiver of the child on a regular basis for at least
six (6) consecutive months;
3. The grandparent had frequent or regular contact with the child for at least twelve
(12) consecutive months; or
4. There exist any other facts that establish that the loss of the relationship between
the grandparent and the child is likely to harm the child.
(2) The action shall be brought in Circuit Court in the county in which the child
(3) The Circuit Court may grant noncustodial parental visitation rights to the grandparent
of a child if the parent of the child who is the son or daughter of the grandparent
is deceased and the grandparent has assumed the financial obligation of child support
owed by the deceased parent, unless the court determines that the visitation is not
in the best interest of the child. If visitation is not granted, the grandparent shall not be responsible for child
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