Senate File 2205
SENATE FILE
BY WARNSTADT
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the granting of visitation to grandparents and
2 great=grandparents.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5936XS 80
5 pf/sh/8
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