Title
AN ACT AMENDING CHEROKEE NATION CODE ANNOTATED, TITLE 10, SECTION 5(A)-(C) - GRANDPARENTAL VISITATION RIGHTS
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as the Strengthening Support for Cherokee Children Act of 2023 and codified as (Title 10)(Section 5) of the Cherokee Nation Code Annotated.
Section 2. Purpose
Section 3. Legislative History
CNCA Title 10 Section 5
Section 4. Definitions
For purposes of this Title:
Section 5. Substantive Provisions
A. Pursuant to the provisions of this section, any grandparent or former court appointed custodian of an unmarried minor child shall have reasonable rights of visitation to the child if the district court deems it to be in the best interest of the child.
1. The right of visitation to any grandparent or former court appointed guardian of an unmarried minor child shall be granted only so far as that right is authorized and provided by order of the District Court. Visitation may be subject to supervision as directed by the Court.
2. Except as otherwise provided by paragraphs 5 and 6 of this subsection, if a child is born out of wedlock, the parents of the father of such child shall not have the right of visitation authorized by this section unless such father has been judicially determined to be the father of the child.
3. If one natural parent is deceased and the surviving natural parent remarries, any subsequent adoption proceedings shall not terminate any Court-granted grandparental rights belonging to the parents of the de- ceased natural parent unless said termination of visitation rights is ordered by the Court after opportunity to be heard, and the District Court deter- mines it to be in the best interest of the child.
4. Except as otherwise provided by paragraphs 5 and 6 of this subsection, if the parental rights of one or both parents have been terminated, any person who is the parent of the person whose parental rights h...
Click here for full text