House File 586 - Introduced
HOUSE FILE
BY BAILEY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for grandparent and great=grandparent
2 visitation.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2514YH 82
5 pf/gg/14
PAG LIN
1 1 Section 1. NEW SECTION. 600C.1 GRANDPARENT AND
1 2 GREAT=GRANDPARENT VISITATION.
1 3 1. The grandparent or great=grandparent of a minor child
1 4 may petition the court for grandchild or great=grandchild
1 5 visitation.
1 6 2. The court shall consider a fit parent's objections to
1 7 granting visitation under this section. A rebuttable
1 8 presumption arises that a fit parent's decision to deny
1 9 visitation to a grandparent or great=grandparent is in the
1 10 best interest of a minor child.
1 11 3. The court may grant visitation to the grandparent or
1 12 great=grandparent if the court finds all of the following by
1 13 clear and convincing evidence:
1 14 a. The grandparent or great=grandparent has established a
1 15 substantial relationship with the child prior to the filing of
1 16 the petition.
1 17 b. The parent who is being asked to temporarily relinquish
1 18 care, custody, and control of the child to provide visitation
1 19 meets any of the following conditions:
1 20 (1) Is unfit to make the decision regarding visitation.
1 21 (2) Is a fit parent, but the parent's decision to deny
1 22 visitation poses substantial harm or potential substantial
1 23 harm to the child beyond the harm derived from the loss of the
1 24 helpful, beneficial influence of the grandparent or
1 25 great=grandparent.
1 26 c. It is in the best interest of the child to grant such
1 27 visitation.
1 28 4. For the purposes of this section, "court" means the
1 29 district court, the juvenile court, or a tribal court, if that
1 30 court currently has jurisdiction over the child in a pending
1 31 action. If no action is pending, the district court shall
1 32 have jurisdiction.
1 33 Sec. 2. Section 600.11, subsection 2, paragraph e, Code
1 34 2007, is amended to read as follows:
1 35 e. A person who has been granted visitation rights with
2 1 the child to be adopted pursuant to section 598.35 600C.1.
2 2 Sec. 3. Section 598.35, Code 2007, is repealed.
2 3 EXPLANATION
2 4 This bill replaces the current grandparent and
2 5 great=grandparent visitation provisions. Under the bill, a
2 6 grandparent or great=grandparent of a minor child may petition
2 7 the court for visitation. The court is required to consider
2 8 the fit parent's objections to granting visitation, and there
2 9 is a rebuttable presumption that a fit parent's decision to
2 10 deny visitation to a grandparent or great=grandparent is in
2 11 the best interest of the minor child.
2 12 The court may grant visitation if the court finds by clear
2 13 and convincing evidence that: the grandparent or
2 14 great=grandparent has established a substantial relationship
2 15 with the child prior to the filing of the petition; the parent
2 16 who is being asked to temporarily relinquish care, custody,
2 17 and control of the child to provide visitation is unfit to
2 18 make that decision or a fit parent's decision to deny
2 19 visitation poses substantial harm or potential substantial
2 20 harm to the child beyond the harm derived from the loss of the
2 21 helpful, beneficial influence of the grandparent or
2 22 great=grandparent; and it is in the best interest of the child
2 23 to grant such visitation. The bill also makes a conforming
2 24 change in the adoption chapter (Code chapter 600).
2 25 LSB 2514YH 82
2 26 pf:rj/gg/14