Senate File 33 



                                       SENATE 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