Text: SF02204 Text: SF02206 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 598.35, Code 2003, is amended by 1 2 striking the section and inserting in lieu thereof the 1 3 following: 1 4 598.35 GRANDPARENT GREAT-GRANDPARENT VISITATION. 1 5 1. The grandparent or great-grandparent of a minor child 1 6 may petition the district court for grandchild or great- 1 7 grandchild visitation rights. The district court may grant 1 8 limited visitation rights if the district court finds all of 1 9 the following by clear and convincing evidence: 1 10 a. The grandparent or great-grandparent has established a 1 11 substantial relationship with the child prior to the filing of 1 12 a petition. 1 13 b. The parent of the child is unfit to make the decision 1 14 regarding the appropriate extent of contact and association, 1 15 if any, between the child and any other person and regarding 1 16 who may care for, supervise, and guide the child, or the 1 17 parent's decision to deny visitation poses substantial harm to 1 18 the child's emotional, mental, or physical well-being beyond 1 19 the harm derived from the beneficial influence of the 1 20 visitation. 1 21 c. If the court finds that substantial harm is posed to 1 22 the child, the court also finds that the substantial harm may 1 23 not be averted by any means less intrusive than the court- 1 24 ordered granting of visitation. 1 25 d. It is in the child's best interest to grant such 1 26 visitation. 1 27 2. There is a rebuttable presumption affecting the burden 1 28 of proof that the granting of visitation to a grandparent or 1 29 great-grandparent is not in the best interest of a minor child 1 30 if a fit parent of the child objects to the granting of 1 31 visitation to a grandparent or great-grandparent. 1 32 3. The court shall issue specific findings of fact 1 33 detailing the clear and convincing evidence presented as to 1 34 the harm specified and as to the reason why the visitation is 1 35 necessary to avert the harm. 2 1 4. Visitation granted to a grandparent or a great- 2 2 grandparent prior to July 1, 2004, shall not be affected by 2 3 this section. 2 4 EXPLANATION 2 5 This bill replaces the current Code section providing for 2 6 grandparent and great-grandparent visitation. The current 2 7 section allows a grandparent or great-grandparent to petition 2 8 the court for visitation rights if certain circumstances 2 9 involving a parent are met. If one of the circumstances is 2 10 met, the petition is to be granted if the court finds that the 2 11 visitation is in the best interest of the child and that the 2 12 grandparent or great-grandparent had established a substantial 2 13 relationship with the child prior to the filing of the 2 14 petition. 2 15 The bill allows a grandparent or great-grandparent of a 2 16 minor child to petition the district court for grandchild or 2 17 great-grandchild visitation rights, and the court is 2 18 authorized to grant limited visitation if it finds all of the 2 19 following by clear and convincing evidence: 2 20 1. The grandparent or great-grandparent has established a 2 21 substantial relationship with the child prior to the filing of 2 22 the petition. 2 23 2. The parent of the child is unfit to make the decision 2 24 regarding the visitation, or the parent's decision to deny 2 25 visitation poses substantial harm to the child's emotional, 2 26 mental, or physical well-being beyond the harm derived from 2 27 the beneficial influence of the visitation. 2 28 3. If the court finds that substantial harm is posed to 2 29 the child, the court also finds that the harm may not be 2 30 averted by any means less intrusive than the court-ordered 2 31 granting of visitation. 2 32 4. It is in the child's best interest to grant such 2 33 visitation. 2 34 The bill establishes a rebuttable presumption that the 2 35 granting of visitation to a grandparent or great-grandparent 3 1 is not in the best interest of a minor child if a fit parent 3 2 of the child objects to the granting of visitation to a 3 3 grandparent or great-grandparent. 3 4 The bill directs the court to issue specific findings of 3 5 fact detailing the clear and convincing evidence presented as 3 6 to the harm specified and as to the reason why the visitation 3 7 is necessary to avert the harm. 3 8 Finally, the bill provides that visitation granted to a 3 9 grandparent or a great-grandparent prior to July 1, 2004, is 3 10 not affected by the bill. 3 11 LSB 5936XS 80 3 12 pf/sh/8
Text: SF02204 Text: SF02206 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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