SF 522 (LSB 1650SV (1) 88)

SENATE FILE 522

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 10)

A BILL FOR

An Act relating to grandparent and great-grandparent visitation. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 600C.1, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  If a party objects to the petition filed under this section, the court shall stay the proceedings and refer the parties to mediation. If an agreement is reached through mediation, the parties shall file the signed agreement with the court for approval, and the court shall dismiss the petition. If an agreement is not reached through mediation, the parties shall proceed to a hearing on the petition unless the petition is otherwise dismissed or withdrawn. The costs of mediation provided under this subsection shall be borne by the petitioner.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to grandparent and great-grandparent visitation. 
   Under current law, a grandparent or great-grandparent may only petition the court for visitation of a minor child if the parent of the minor child, who is the child of the grandparent or the grandchild of the great-grandparent, is deceased. The court may only grant such visitation if the court finds by clear and convincing evidence that granting such visitation is in the best interest of the child, the presumption that the parent of the child is fit to make the decision regarding visitation is overcome, and the grandparent or great-grandparent has established a substantial relationship with the child prior to the filing of the petition. 
   Under the bill, if a party objects to the petition filed, the court shall stay the proceedings and refer the parties to mediation. If an agreement is reached through mediation, the parties are required to file the signed agreement with the court for approval and the court is required to dismiss the petition. If the parties do not reach an agreement through mediation, the parties shall proceed to a hearing on the petition unless the petition is otherwise dismissed or withdrawn.
   The costs of mediation provided shall be borne by the petitioner.