Senate File 2207 - Introduced
SENATE FILE
BY KREIMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to grandparent and great=grandparent visitation.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 6296XS 82
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PAG LIN
1 1 Section 1. Section 600C.1, Code Supplement 2007, is
1 2 amended to read as follows:
1 3 600C.1 GRANDPARENT AND GREAT=GRANDPARENT VISITATION.
1 4 1. The grandparent or great=grandparent of a minor child
1 5 may petition the court for grandchild or great=grandchild
1 6 visitation.
1 7 2. The court shall consider a fit parent's objections to
1 8 granting visitation under this section. A rebuttable
1 9 presumption arises that a fit parent's decision to deny
1 10 visitation to a grandparent or great=grandparent is in the
1 11 best interest of a minor child.
1 12 3. 2. The court may grant visitation to the grandparent
1 13 or great=grandparent if the court finds all of the following
1 14 by clear and convincing evidence:
1 15 a. The grandparent or great=grandparent has established a
1 16 substantial relationship with the child prior to the filing of
1 17 the petition.
1 18 b. The parent who is being asked to temporarily relinquish
1 19 care, custody, and control of the child to provide visitation
1 20 is unfit to make the decision regarding visitation.
1 21 c. It that it is in the best interest of the child to
1 22 grant such visitation.
1 23 4. 3. For the purposes of this section, "court" means the
1 24 district court or the juvenile court if that court currently
1 25 has jurisdiction over the child in a pending action. If an
1 26 action is not pending, the district court has jurisdiction.
1 27 5. 4. Notwithstanding any provision of this chapter to
1 28 the contrary, venue for any action to establish, enforce, or
1 29 modify visitation under this section shall be in the county
1 30 where either parent resides if no final custody order
1 31 determination relating to the grandchild or great=grandchild
1 32 has been entered by any other court. If a final custody order
1 33 has been entered by any other court, venue shall be located
1 34 exclusively in the county where the most recent final custody
1 35 order was entered. If any other custodial proceeding is
2 1 pending when an action to establish, enforce, or modify
2 2 visitation under this section is filed, venue shall be located
2 3 exclusively in the county where the pending custodial
2 4 proceeding was filed.
2 5 6. 5. Notice of any proceeding to establish, enforce, or
2 6 modify visitation under this section shall be personally
2 7 served upon all parents of a child whose interests are
2 8 affected by a proceeding brought pursuant to this section and
2 9 all grandparents or great=grandparents who have previously
2 10 obtained a final order or commenced a proceeding under this
2 11 section.
2 12 7. 6. The court shall not enter any temporary order to
2 13 establish, enforce, or modify visitation under this section.
2 14 8. 7. An action brought under this section is subject to
2 15 chapter 598B, and in an action brought to establish, enforce,
2 16 or modify visitation under this section, each party shall
2 17 submit in its first pleading or in an attached affidavit all
2 18 information required by section 598B.209.
2 19 9. 8. In any action brought to establish, enforce, or
2 20 modify visitation under this section, the court may award
2 21 attorney fees to the prevailing party in an amount deemed
2 22 reasonable by the court.
2 23 10. 9. If a proceeding to establish or enforce visitation
2 24 under this section is commenced when a dissolution of marriage
2 25 proceeding is pending concerning the parents of the affected
2 26 minor child, the record and evidence of the dissolution action
2 27 shall remain impounded pursuant to section 598.26. The
2 28 impounded information shall not be released or otherwise made
2 29 available to any person who is not the petitioner or
2 30 respondent or an attorney of record in the dissolution of
2 31 marriage proceeding. Access to the impounded information by
2 32 the attorney of record for the grandparent or
2 33 great=grandparent shall be limited to only that information
2 34 relevant to the grandparent's or great=grandparent's request
2 35 for visitation.
3 1 EXPLANATION
3 2 This bill relates to grandparent and great=grandparent
3 3 visitation. The bill eliminates the requirement that the
3 4 court find by clear and convincing evidence that the
3 5 grandparent or great=grandparent has established a substantial
3 6 relationship with the child prior to the filing of the
3 7 petition and that the parent who is being asked to temporarily
3 8 relinquish care, custody, and control of the child to provide
3 9 visitation is unfit to make the decision regarding visitation,
3 10 and only retains the requirement that the court finds by clear
3 11 and convincing evidence that it is in the best interest of the
3 12 child to grant visitation in order to grant the petition.
3 13 LSB 6296XS 82
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