House File 2226 - Introduced HOUSE FILE 2226 BY UPMEYER , DEYOE , DRAKE , RAYHONS , WATTS , SCHULTE , HEATON , SODERBERG , WAGNER , SWEENEY , CHAMBERS , HUSEMAN , ALONS , KOESTER , L. MILLER , FORRISTALL , TJEPKES , S. OLSON , SANDS , DOLECHECK , MAY , ROBERTS , WINDSCHITL , MERTZ , PETTENGILL , KELLEY , and DE BOEF A BILL FOR An Act relating to grandparent and great-grandparent 1 visitation. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5666HH (6) 83 pf/nh

H.F. 2226 Section 1. Section 600.11, subsection 2, paragraph e, 1 unnumbered paragraph 1, Code 2009, is amended to read as 2 follows: 3 A person who has been granted or who has previously 4 petitioned for visitation rights with the child to be adopted 5 pursuant to section 600C.1. 6 Sec. 2. Section 600A.5, subsection 3, paragraph b, Code 7 2009, is amended by adding the following new subparagraph: 8 NEW SUBPARAGRAPH . (7) Living grandparents or 9 great-grandparents of the child under the following 10 circumstances: 11 (a) The parents of the child are married. 12 (b) The parents of the child are unmarried and 13 the grandparent or great-grandparent is the parent or 14 great-grandparent of the mother, or the grandparent or 15 great-grandparent is the parent or great-grandparent of the 16 father and the father’s paternity of the child has been legally 17 established. 18 Sec. 3. Section 600C.1, Code 2009, is amended by striking 19 the section and inserting in lieu thereof the following: 20 600C.1 Grandparent and great-grandparent visitation. 21 1. The grandparent or great-grandparent of a minor child 22 may petition the court for grandchild or great-grandchild 23 visitation under any of the following circumstances: 24 a. During the pendency of or after a decree or final order 25 is issued in a dissolution, legal separation, child support, 26 or annulment proceeding of the parent of the child if the 27 proceeding involves the child. The remarriage of a parent does 28 not affect the authority of a court to grant visitation to any 29 grandparent or great-grandparent under this section. 30 b. If either parent of the child is deceased, 31 notwithstanding the remarriage of the surviving parent of 32 the child or the adoption of the child by the spouse of the 33 surviving parent of the child. 34 c. If the parents of the child are unmarried and the 35 -1- LSB 5666HH (6) 83 pf/nh 1/ 7

H.F. 2226 grandparent or great-grandparent is the parent or grandparent 1 of the mother, or if the grandparent or great-grandparent 2 is the parent or grandparent of the father and the father’s 3 paternity of the child has been legally established. 4 d. During the pendency of a termination of parental rights 5 proceeding involving the child and prior to the issuance of an 6 order granting the petition for termination of parental rights. 7 e. During the pendency of an adoption proceeding involving 8 the child and prior to the issuance of a final adoption decree. 9 2. The court may grant visitation to the grandparent or 10 great-grandparent if the court finds that the grandparent or 11 great-grandparent has an interest in the welfare of the child 12 and that granting of visitation is in the best interest of 13 the child based upon all of the following considerations as 14 applicable to the circumstances specified in subsection 1: 15 a. The prior interaction and interrelationship of the child 16 with the child’s parents, siblings, and other persons related 17 by consanguinity or affinity, and with the grandparent or 18 great-grandparent. 19 b. The geographical location of the residence of each 20 parent or prospective adoption petitioner and the distance 21 between those residences, and the geographical location of the 22 grandparent’s or great-grandparent’s residence and the distance 23 between the grandparent’s or great-grandparent’s residence and 24 the child’s residence. 25 c. The child’s and parents’ or prospective adoption 26 petitioner’s available time, including but not limited to 27 each parent’s or prospective adoption petitioner’s employment 28 schedule, the child’s school schedule, and the child’s and 29 the parents’ or prospective adoption petitioner’s holiday and 30 vacation schedule. 31 d. The age of the child. 32 e. The child’s adjustment to home, school, and community. 33 f. If the court has interviewed the child regarding the 34 wishes and concerns of the child as to visitation by the 35 -2- LSB 5666HH (6) 83 pf/nh 2/ 7

H.F. 2226 grandparent or great-grandparent, the wishes and concerns of 1 the child, as expressed to the court. 2 g. The health and safety of the child. 3 h. The amount of time that will be available for the child 4 to spend with siblings. 5 i. The mental and physical health of all parties. 6 j. Each parent’s or prospective adoption petitioner’s 7 willingness to miss or reschedule parenting time or 8 visitation to provide visitation with the grandparent or 9 great-grandparent. 10 k. Whether the grandparent or great-grandparent previously 11 has been convicted of or pleaded guilty to any criminal 12 offense involving any act that resulted in a child being an 13 abused child or a neglected child; whether the grandparent 14 or great-grandparent, in a case in which a child has been 15 adjudicated an abused child or a neglected child, previously 16 has been determined to be the perpetrator of the abusive 17 or neglectful act that is the basis of the adjudication; 18 whether either parent or a prospective adoption petitioner 19 previously has been convicted of or pleaded guilty to a crime 20 involving domestic abuse involving a victim who at the time 21 of the commission of the offense was a member of the family 22 or household that is the subject of the current proceeding; 23 whether either parent or a prospective adoption petitioner 24 previously has been convicted of an offense involving a victim 25 who at the time of the commission of the offense was a member 26 of the family or household that is the subject of the current 27 proceeding and caused physical harm to the victim in the 28 commission of the offense; and whether there is reason to 29 believe that the grandparent or great-grandparent has acted 30 in a manner resulting in a child being an abused child or a 31 neglected child. 32 l. Whether the custodial parent or a parent subject to a 33 shared parenting decree or order has continuously and willfully 34 denied the other parent’s right to parenting time in accordance 35 -3- LSB 5666HH (6) 83 pf/nh 3/ 7

H.F. 2226 with an order of the court. 1 m. Whether either parent or the adoption petitioner has 2 established a residence or is planning to establish a residence 3 outside the state. 4 n. The wishes and concerns of the child’s parents or the 5 adoption petitioner, as expressed by them to the court. 6 o. Any other factor in the best interest of the child. 7 3. For the purposes of this section, “court” means the 8 district court or the juvenile court if that court currently 9 has jurisdiction over the child in a pending action. If an 10 action is not pending, the district court has jurisdiction. 11 4. Notwithstanding any provision of this chapter to the 12 contrary, venue for any action to establish, enforce, or modify 13 visitation under this section shall be in the county where 14 either parent resides if no final custody order determination 15 relating to the grandchild or great-grandchild has been entered 16 by any other court. If a final custody order has been entered 17 by any other court, venue shall be located exclusively in the 18 county where the most recent final custody order was entered. 19 If any other custodial proceeding is pending when an action to 20 establish, enforce, or modify visitation under this section is 21 filed, venue shall be located exclusively in the county where 22 the pending custodial proceeding was filed. If the action is 23 brought during the pendency of a termination of parental rights 24 proceeding, venue shall be as provided in section 600A.5. 25 If the action is brought during the pendency of an adoption 26 proceeding, venue shall be as provided in section 600.3. 27 5. Notice of any proceeding to establish, enforce, or modify 28 visitation under this section shall be personally served upon 29 all parents of a child or a prospective adoption petitioner 30 whose interests are affected by a proceeding brought pursuant 31 to this section and all grandparents or great-grandparents 32 who have previously obtained a final order or commenced a 33 proceeding under this section. 34 6. The court shall not enter any temporary order to 35 -4- LSB 5666HH (6) 83 pf/nh 4/ 7

H.F. 2226 establish, enforce, or modify visitation under this section. 1 7. An action brought under this section is subject to 2 chapter 598B, and in an action brought to establish, enforce, 3 or modify visitation under this section, each party shall 4 submit in its first pleading or in an attached affidavit all 5 information required by section 598B.209. 6 8. In any action brought to establish, enforce, or modify 7 visitation under this section, the court may award attorney 8 fees to the prevailing party in an amount deemed reasonable by 9 the court. 10 9. If a proceeding to establish or enforce visitation 11 under this section is commenced when a dissolution of marriage 12 proceeding is pending concerning the parents of the affected 13 minor child, the record and evidence of the dissolution 14 action shall remain impounded pursuant to section 598.26. 15 The impounded information shall not be released or otherwise 16 made available to any person who is not the petitioner or 17 respondent or an attorney of record in the dissolution of 18 marriage proceeding. Access to the impounded information by 19 the attorney of record for the grandparent or great-grandparent 20 shall be limited to only that information relevant to the 21 grandparent’s or great-grandparent’s request for visitation. 22 EXPLANATION 23 This bill amends the grandparent visitation law (Code 24 chapter 600C). Current law allows a grandparent or 25 great-grandparent to petition for visitation of a minor 26 child. The court must consider a fit parent’s objections to 27 granting visitation, and a rebuttable presumption arises that 28 a fit parent’s decision to deny visitation to a grandparent 29 or great-grandparent is in the best interest of a minor 30 child. The court may grant visitation to the grandparent or 31 great-grandparent if the court finds all of the following 32 by clear and convincing evidence: the grandparent or 33 great-grandparent has established a substantial relationship 34 with the child prior to the filing of the petition; the parent 35 -5- LSB 5666HH (6) 83 pf/nh 5/ 7

H.F. 2226 who is being asked to temporarily relinquish care, custody, and 1 control of the child to provide visitation is unfit to make the 2 decision regarding visitation; and it is in the best interest 3 of the child to grant such visitation. 4 The bill strikes the current provisions and instead provides 5 that the grandparent or great-grandparent of a minor child 6 may petition the court for visitation of a minor child only 7 under specified circumstances: during the pendency of or 8 after a decree or final order is issued in a dissolution, 9 legal separation, child support, or annulment proceeding of 10 the parent of a child if the proceeding involves the child; 11 if either parent of the child is deceased; if the parents of 12 the child are unmarried and, in the case of the grandparent 13 or great-grandparent who is the parent or grandparent of the 14 father, the father’s paternity of the child has been legally 15 established; during the pendency of a termination of parental 16 rights proceeding; or during the pendency of an adoption 17 proceeding. 18 The bill provides that the court may grant visitation 19 to the grandparent or great-grandparent if the court finds 20 that the grandparent or great-grandparent has an interest 21 in the welfare of the child and that granting of visitation 22 is in the best interest of the child. The court is to make 23 this determination based upon a listing of considerations 24 including, as applicable to the circumstances: the prior 25 interaction and interrelationship of the child with the child’s 26 parents, siblings, and other persons related by consanguinity 27 or affinity, and with the grandparent or great-grandparent; 28 the geographical location of the residences of each of the 29 parties and the distance between the residences; the child’s 30 and parents’ or prospective adoptive parent’s available time; 31 the age of the child; the child’s adjustment to home, school, 32 and community; if the court has interviewed the child, the 33 wishes and concerns of the child; the health and safety of 34 the child; the amount of time that will be available for 35 -6- LSB 5666HH (6) 83 pf/nh 6/ 7

H.F. 2226 the child to spend with siblings; the mental and physical 1 health of all parties; each parent’s or prospective adoptive 2 parent’s willingness to miss or reschedule parenting time 3 or visitation to provide visitation with the grandparent or 4 great-grandparent; any of the party’s previous convictions 5 of certain crimes or involvement in the abuse or neglect of 6 a child; whether the custodial parent or a parent subject 7 to a shared parenting decree or order has continuously and 8 willfully denied the other parent’s right to parenting time in 9 accordance with an order of the court; whether either parent or 10 a prospective adoptive parent has established a residence or is 11 planning to establish a residence outside the state; the wishes 12 and concerns of the child’s parents or prospective adoptive 13 parent, as expressed by them to the court; and any other factor 14 in the best interest of the child. 15 The bill also provides procedural and jurisdictional 16 provisions that exist under the current law. 17 -7- LSB 5666HH (6) 83 pf/nh 7/ 7