Senate File 124 - Introduced 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 1699XS 81 5 pf/sh/8 PAG LIN 1 1 Section 1. Section 598.35, Code 2005, 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. If the court finds that substantial harm is posed 1 21 to the child, the court also finds that the substantial harm 1 22 may not be averted by any means less intrusive than the court= 1 23 ordered granting of visitation. 1 24 c. It is in the child's best interest to grant such 1 25 visitation. 1 26 2. If a fit parent of the child objects to the granting of 1 27 visitation to a grandparent or great=grandparent, a rebuttable 1 28 presumption affecting the burden of proof arises that the 1 29 granting of visitation to a grandparent or great=grandparent 1 30 is not in the best interest of a minor child. 1 31 3. The court shall issue specific findings of fact 1 32 detailing the clear and convincing evidence presented as to 1 33 any harm specified and as to the reason why the visitation is 1 34 necessary to avert the harm. 1 35 4. Visitation granted to a grandparent or a great= 2 1 grandparent prior to July 1, 2005, shall not be affected by 2 2 this section. 2 3 EXPLANATION 2 4 This bill replaces the current Code section providing for 2 5 grandparent and great=grandparent visitation. The current 2 6 section allows a grandparent or great=grandparent to petition 2 7 the court for visitation rights if certain circumstances 2 8 involving a parent are met. If one of the circumstances is 2 9 met, the petition is to be granted if the court finds that the 2 10 visitation is in the best interest of the child and that the 2 11 grandparent or great=grandparent had established a substantial 2 12 relationship with the child prior to the filing of the 2 13 petition. 2 14 The bill allows a grandparent or great=grandparent of a 2 15 minor child to petition the district court for grandchild or 2 16 great=grandchild visitation rights, and the court is 2 17 authorized to grant limited visitation if it finds all of the 2 18 following by clear and convincing evidence: 2 19 1. The grandparent or great=grandparent has established a 2 20 substantial relationship with the child prior to the filing of 2 21 the petition. 2 22 2. The parent of the child is unfit to make the decision 2 23 regarding the visitation, or the parent's decision to deny 2 24 visitation poses substantial harm to the child's emotional, 2 25 mental, or physical well=being beyond the harm derived from 2 26 the beneficial influence of the visitation. If the court 2 27 finds that substantial harm is posed to the child, the court 2 28 also finds that the harm may not be averted by any means less 2 29 intrusive than the court=ordered granting of visitation. 2 30 3. It is in the child's best interest to grant such 2 31 visitation. 2 32 The bill establishes a rebuttable presumption that the 2 33 granting of visitation to a grandparent or great=grandparent 2 34 is not in the best interest of a minor child if a fit parent 2 35 of the child objects to the granting of visitation to a 3 1 grandparent or great=grandparent. 3 2 The bill directs the court to issue specific findings of 3 3 fact detailing the clear and convincing evidence presented as 3 4 to any harm specified and as to the reason why the visitation 3 5 is necessary to avert the harm. 3 6 Finally, the bill provides that visitation granted to a 3 7 grandparent or a great=grandparent prior to July 1, 2005, is 3 8 not affected by the bill. 3 9 LSB 1699XS 81 3 10 pf/sh/8