Senate File 33SENATE FILE BY RAGAN, SEYMOUR, KREIMAN, WARNSTADT, SCHMITZ, DOTZLER, and MULDER 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 1741XS 82 4 pf/je/5 PAG LIN 1 1 Section 1. Section 598.35, Code 2007, 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 of 1 21 the petition. 1 22 b. The parent who is being asked to temporarily relinquish 1 23 care, custody, and control of the child to provide visitation 1 24 is unfit to make the decision regarding visitation, or a fit 1 25 parent's 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, 2007, 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 a rebuttable presumption arises 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 temporarily relinquish care, custody, 2 16 and control of the child to provide visitation is unfit to 2 17 make that decision or a fit parent's decision to deny 2 18 visitation poses substantial harm or potential substantial 2 19 harm to the child beyond the harm derived from the loss of the 2 20 helpful, beneficial influence of the grandparent or 2 21 great=grandparent; and it is in the best interest of the child 2 22 to grant such visitation. 2 23 Under the bill, visitation granted to a grandparent or a 2 24 great=grandparent prior to July 1, 2007, is not affected. 2 25 LSB 1741XS 82 2 26 pf:rj/je/5