Senate File 2031 - Introduced
SENATE FILE
BY RAGAN, SEYMOUR, WARNSTADT,
BEALL, TINSMAN, DOTZLER,
STEWART, BOETTGER, and
KREIMAN
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to grandparent and great=grandparent visitation.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 5257SS 81
4 pf/je/5
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.
1 8 2. In order to give deference to the decisions of a fit
1 9 parent, the district court shall consider the fit parent's
1 10 objections to granting visitation under this section. A
1 11 rebuttable presumption arises that a fit parent's decision to
1 12 deny visitation to a grandparent or great=grandparent is in
1 13 the best interest of a minor child and will not pose
1 14 substantial harm or potential substantial harm to the minor
1 15 child.
1 16 3. The district court may grant visitation to the
1 17 grandparent or great=grandparent if the district court finds
1 18 all of the following by clear and convincing evidence:
1 19 a. The grandparent or great=grandparent has established a
1 20 substantial relationship with the child, prior to the filing
1 21 of the petition.
1 22 b. The parent who is being asked to give up care, custody,
1 23 and control of the child to provide visitation is unfit to
1 24 make the decision regarding visitation, or a fit parent's
1 25 decision to deny visitation poses substantial harm or
1 26 potential substantial harm to the child beyond the harm
1 27 derived from the loss of the helpful, beneficial influence of
1 28 the grandparent or great=grandparent.
1 29 c. It is in the best interest of the child to grant such
1 30 visitation.
1 31 4. Visitation granted to a grandparent or a great=
1 32 grandparent prior to July 1, 2006, shall not be affected by
1 33 this section.
1 34 EXPLANATION
1 35 This bill replaces the current grandparent and great=
2 1 grandparent visitation provisions. Under the bill, a
2 2 grandparent or great=grandparent of a minor child may petition
2 3 the district court for visitation. In order to give deference
2 4 to the decisions of a fit parent, the district court is
2 5 required to consider the fit parent's objections to granting
2 6 visitation, and there is a rebuttable presumption that a fit
2 7 parent's decision to deny visitation to a grandparent or
2 8 great=grandparent is in the best interest of the minor child
2 9 and will not pose substantial harm or potential substantial
2 10 harm to the minor child.
2 11 The district court may grant visitation if the court finds
2 12 by clear and convincing evidence that: the grandparent or
2 13 great=grandparent has established a substantial relationship
2 14 with the child prior to the filing of the petition; the parent
2 15 who is being asked to give up care, custody, and control of
2 16 the child to provide visitation is unfit to make that decision
2 17 or a fit parent's decision to deny visitation poses
2 18 substantial harm or potential substantial harm to the child
2 19 beyond the harm derived from the loss of the helpful,
2 20 beneficial influence of the grandparent or great=grandparent;
2 21 and it is in the best interest of the child to grant such
2 22 visitation. Under the bill, visitation granted to a
2 23 grandparent or a great=grandparent prior to July 1, 2006, is
2 24 not affected.
2 25 LSB 5257SS 81
2 26 pf:rj/je/5