Relating to child preference for physical care of the child and parental visitation rights, and including effective date provisions

This bill relates to child preference for physical care of the child and visitation rights. The bill permits a child who is 16 years of age or older to request a hearing to modify an order issued by a court establishing custody rights, visitation rights, or both to the child. The bill requires a court to modify an order establishing physical care of the child, visitation rights, or both, to grant the child’s preference for physical care and visitation rights unless the court finds by clear and convincing evidence that the child’s preference is a result of coercion, the child would be harmed if the court issued an order granting the child’s preference, or either of the child’s parents would be effectively prohibited from exercising the parent’s right to raise the child. The bill lists several factors a court must consider when determining whether a parent would be effectively prohibited from exercising the parent’s right to raise the child. The bill shall not be construed to limit a court’s authority to enter protective orders or other orders necessary to protect the welfare of a child.21C, subsection 1. The bill takes effect upon enactment.