Senate Amendment 5386
PAG LIN
1 1 Amend House File 2531, as amended, passed, and
1 2 reprinted by the House, as follows:
1 3 #1. Page 42, after line 5 by inserting:
1 4 <Sec. ___. Section 600C.1, Code 2009, is amended by
1 5 striking the section and inserting in lieu thereof the
1 6 following:
1 7 600C.1 Grandparent and great=grandparent visitation.
1 8 1. The grandparent or great=grandparent of a
1 9 minor child may petition the court for grandchild or
1 10 great=grandchild visitation when the parent of the
1 11 minor child, who is the child of the grandparent or the
1 12 grandchild of the great=grandparent, is deceased.
1 13 2. The court shall consider a fit parent's
1 14 objections to granting visitation under this section.
1 15 A rebuttable presumption arises that a fit parent's
1 16 decision to deny visitation to a grandparent or
1 17 great=grandparent is in the best interest of a minor
1 18 child.
1 19 3. The court may grant visitation to the
1 20 grandparent or great=grandparent under this section
1 21 if the court finds all of the following by clear and
1 22 convincing evidence:
1 23 a. It is in the best interest of the child to grant
1 24 such visitation.
1 25 b. The grandparent or great=grandparent has
1 26 established a substantial relationship with the child
1 27 prior to the filing of the petition.
1 28 c. That the presumption that the parent who is
1 29 being asked to temporarily relinquish care, custody,
1 30 and control of the child to provide visitation is fit
1 31 to make the decision regarding visitation is overcome
1 32 by demonstrating one of the following:
1 33 (1) The parent is unfit to make such decision.
1 34 (2) The parent's judgment has been impaired and the
1 35 relative benefit to the child of granting visitation
1 36 greatly outweighs any effect on the parent=child
1 37 relationship. Impaired judgment of a parent may be
1 38 evidenced by any of, but not limited to, the following:
1 39 (a) Neglect of the child.
1 40 (b) Abuse of the child.
1 41 (c) Violence toward the child.
1 42 (d) Indifference or absence of feeling toward the
1 43 child.
1 44 (e) Demonstrated unwillingness and inability to
1 45 promote the emotional and physical well=being of the
1 46 child.
1 47 (f) Drug abuse.
1 48 (g) A diagnosis of mental illness.
1 49 4. In determining the best interest of the child,
1 50 the court shall consider all of the following:
2 1 a. The prior interaction and interrelationships of
2 2 the child with the child's parents, siblings, and other
2 3 persons related by consanguinity or affinity, compared
2 4 to the child's relationship with the grandparent or
2 5 great=grandparent.
2 6 b. The geographical location of the grandparent's
2 7 or great=grandparent's residence and the distance
2 8 between the grandparent's or great=grandparent's
2 9 residence and the child's residence.
2 10 c. The child's and parent's available time,
2 11 including but not limited to the parent's employment
2 12 schedule, the child's school schedule, the amount of
2 13 time that will be available for the child to spend with
2 14 siblings, and the child's and the parent's holiday and
2 15 vacation schedules.
2 16 d. The age of the child.
2 17 e. If the court has interviewed the child in
2 18 chambers as provided in this section regarding the
2 19 wishes and concerns of the child as to visitation
2 20 by the grandparent or great=grandparent or as to a
2 21 specific visitation schedule, the wishes and concerns
2 22 of the child, as expressed to the court.
2 23 f. The health and safety of the child.
2 24 g. The mental and physical health of all parties.
2 25 h. Whether the grandparent or great=grandparent
2 26 previously has been convicted of or pleaded guilty to
2 27 any criminal offense involving any act that resulted
2 28 in a child being an abused child or a neglected child;
2 29 whether the grandparent or great=grandparent previously
2 30 has been convicted of or pleaded guilty to a crime
2 31 involving a victim who at the time of the commission
2 32 of the offense was a member of the family or household
2 33 that is the subject of the current proceeding; and
2 34 whether there is reason to believe that the grandparent
2 35 or great=grandparent has acted in a manner resulting in
2 36 a child having ever been found to be an abused child
2 37 or a neglected child.
2 38 i. The wishes and concerns of the child's parent,
2 39 as expressed by the parent to the court.
2 40 j. Any other factor in the best interest of the
2 41 child.
2 42 5. For the purposes of this subsection "substantial
2 43 relationship" includes but is not limited to any of the
2 44 following:
2 45 a. The child has lived with the grandparent or
2 46 great=grandparent for at least six months.
2 47 b. The grandparent or great=grandparent has
2 48 voluntarily and in good faith supported the child
2 49 financially in whole or in part for a period of not
2 50 less than six months.
3 1 c. The grandparent or great=grandparent has had
3 2 frequent visitation including occasional overnight
3 3 visitation with the child for a period of not less than
3 4 one year.
3 5 6. If the court interviews any child concerning
3 6 the child's wishes and concerns regarding parenting
3 7 time or visitation, the interview shall be conducted
3 8 in chambers, and only the child, the child's attorney,
3 9 the judge, any necessary court personnel, and, in the
3 10 judge's discretion, the attorney of the parent shall
3 11 be permitted to be present in the chambers during the
3 12 interview. A person shall not obtain or attempt to
3 13 obtain from a child a written or recorded statement or
3 14 affidavit setting forth the wishes and concerns of the
3 15 child regarding parenting time or visitation.
3 16 7. For the purposes of this section, "court" means
3 17 the district court or the juvenile court if that court
3 18 currently has jurisdiction over the child in a pending
3 19 action. If an action is not pending, the district
3 20 court has jurisdiction.
3 21 8. Notwithstanding any provision of this chapter
3 22 to the contrary, venue for any action to establish,
3 23 enforce, or modify visitation under this section shall
3 24 be in the county where the child resides if no final
3 25 custody order determination relating to the grandchild
3 26 or great=grandchild has been entered by any other
3 27 court. If a final custody order has been entered by
3 28 any other court, venue shall be located exclusively in
3 29 the county where the most recent final custody order
3 30 was entered. If any other custodial proceeding is
3 31 pending when an action to establish, enforce, or modify
3 32 visitation under this section is filed, venue shall be
3 33 located exclusively in the county where the pending
3 34 custodial proceeding was filed.
3 35 9. Notice of any proceeding to establish, enforce,
3 36 or modify visitation under this section shall be
3 37 personally served upon the parent of the child
3 38 whose interests are affected by a proceeding brought
3 39 pursuant to this section and all grandparents or
3 40 great=grandparents who have previously obtained a final
3 41 order or commenced a proceeding under this section.
3 42 10. The court shall not enter any temporary order
3 43 to establish, enforce, or modify visitation under this
3 44 section.
3 45 11. An action brought under this section is subject
3 46 to chapter 598B, and in an action brought to establish,
3 47 enforce, or modify visitation under this section,
3 48 each party shall submit in its first pleading or in an
3 49 attached affidavit all information required by section
3 50 598B.209.
4 1 12. A grandparent or great=grandparent shall not
4 2 petition for visitation under this section more than
4 3 once every two years absent a showing of good cause.
4 4 13. The court shall not issue an order restricting
4 5 the movement of the child if such restriction is
4 6 solely for the purpose of allowing the grandparent
4 7 or great=grandparent the opportunity to exercise the
4 8 grandparent's or great=grandparent's visitation under
4 9 this section.>
4 10 #2. By renumbering as necessary.
KEITH A. KREIMAN
STEVEN SODDERS
DAVID L. HARTSUCH
HF2531.2946 (1) 83
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