25-409

25-409. Visitation rights of grandparents and
great-grandparents

A. The superior court may grant the grandparents of the child reasonable visitation
rights to the child during the child's minority on a finding that the visitation rights
would be in the best interests of the child and any of the following is true:

1. The marriage of the parents of the child has been dissolved for at least three
months.

2. A parent of the child has been deceased or has been missing for at least three
months. For the purposes of this paragraph, a parent is considered to be missing if the
parent's location has not been determined and the parent has been reported as missing to
a law enforcement agency.

3. The child was born out of wedlock.

B. The superior court may grant the great-grandparents of the child reasonable
visitation rights on a finding that the great-grandparents would be entitled to such
rights under subsection A if the great-grandparents were grandparents of the child.

C. In determining the child's best interests the court shall consider all relevant
factors, including:

1. The historical relationship, if any, between the child and the person seeking
visitation.

2. The motivation of the requesting party in seeking visitation.

3. The motivation of the person denying visitation.

4. The quantity of visitation time requested and the potential adverse impact that
visitation will have on the child's customary activities.

5. If one or both of the child's parents are dead, the benefit in maintaining an
extended family relationship.

D. If logistically possible and appropriate the court shall order visitation by a
grandparent or great-grandparent to occur when the child is residing or spending time
with the parent through whom the grandparent or great-grandparent claims a right of
access to the child. If a parent is unable to have the child reside or spend time with
that parent, the court shall order visitation by a grandparent or great-grandparent to
occur when that parent would have had that opportunity.

E. A grandparent or great-grandparent seeking to obtain visitation rights under
this section shall petition for these rights in the same action in which the parents had
their marriage dissolved or in which the court determined paternity or maternity, or by a
separate action in the county where the child resides if no action has been filed or the
court entering the decree of dissolution or determination of paternity or maternity no
longer has jurisdiction.

F. All visitation rights granted under this section automatically terminate if the
child has been adopted or placed for adoption. If the child is removed from an adoptive
placement, the court may reinstate the visitation rights. This subsection does not apply
to the adoption of the child by the spouse of a natural parent if the natural parent
remarries.