Staff Analysis of the Legislation
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SB 88 amends Chapter 9 of Title 19, relating to child custody proceedings. A parent of a minor child may delegate to any grandparent residing in this state care giving authority regarding the minor child when hardship prevents the parent from caring for the child. This authority may be delegated without the approval of a court by executing in writing a power of attorney for the care of a minor. The instrument providing power of attorney shall be executed by both parents, if both are living and have joint legal custody, and shall specify which hardship prevents the parent or parents from caring for the child. The grandparent shall have legal custody of the child, including authorizing medical, dental and mental health care and enrolling the child in school, until each parent who executed the power of attorney for the child revokes the power of attorney in writing and provides notice of the revocation to the grandparent.
SB 88 also amends Titles 15 and 19, relating to courts and domestic relations, respectively so as to clarify methods of legitimation of a child and to correct cross-references. It defines ‘acknowledgement of legitimation’ and ‘Legal father’ and provides that prior to a child’s first birthday, a father of a child born out of wedlock may render his relationship with the child legitimate when both the mother and father have freely agreed, consented, and signed a voluntary acknowledgment of paternity. The definition of ‘legal father’ is expanded to include a man who has legitimated. |