House File 425 - Introduced
HOUSE FILE
BY UPMEYER
Passed House, Date Passed Senate, 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 2148YH 83
4 pf/nh/14
PAG LIN
1 1 Section 1. Section 600.11, subsection 2, paragraph e, Code
1 2 2009, is amended to read as follows:
1 3 e. A person who has been granted or who has previously
1 4 petitioned for visitation rights with the child to be adopted
1 5 pursuant to section 600C.1.
1 6 Sec. 2. Section 600A.5, subsection 3, paragraph b, Code
1 7 2009, is amended by adding the following new subparagraph:
1 8 NEW SUBPARAGRAPH. (7) Living grandparents or
1 9 great=grandparents of the child under the following
1 10 circumstances:
1 11 (a) The parents of the child are married.
1 12 (b) The parents of the child are unmarried and the
1 13 grandparent or great=grandparent is the parent or
1 14 great=grandparent of the mother, or the grandparent or
1 15 great=grandparent is the parent or great=grandparent of the
1 16 father and the father's paternity of the child has been
1 17 legally established.
1 18 Sec. 3. Section 600C.1, Code 2009, is amended by striking
1 19 the section and inserting in lieu thereof the following:
1 20 600C.1 GRANDPARENT AND GREAT=GRANDPARENT VISITATION.
1 21 1. The grandparent or great=grandparent of a minor child
1 22 may petition the court for grandchild or great=grandchild
1 23 visitation under any of the following circumstances:
1 24 a. During the pendency of or after a decree or final order
1 25 is issued in a dissolution, legal separation, child support,
1 26 or annulment proceeding of the parent of the child if the
1 27 proceeding involves the child. The remarriage of a parent
1 28 does not affect the authority of a court to grant visitation
1 29 to any grandparent or great=grandparent under this section.
1 30 b. If either parent of the child is deceased,
1 31 notwithstanding the remarriage of the surviving parent of the
1 32 child or the adoption of the child by the spouse of the
1 33 surviving parent of the child.
1 34 c. If the parents of the child are unmarried and the
1 35 grandparent or great=grandparent is the parent or grandparent
2 1 of the mother, or if the grandparent or great=grandparent is
2 2 the parent or grandparent of the father and the father's
2 3 paternity of the child has been legally established.
2 4 d. During the pendency of a termination of parental rights
2 5 proceeding involving the child and prior to the issuance of an
2 6 order granting the petition for termination of parental
2 7 rights.
2 8 e. During the pendency of an adoption proceeding involving
2 9 the child and prior to the issuance of a final adoption
2 10 decree.
2 11 2. The court may grant visitation to the grandparent or
2 12 great=grandparent if the court finds that the grandparent or
2 13 great=grandparent has an interest in the welfare of the child
2 14 and that granting of visitation is in the best interest of the
2 15 child based upon all of the following considerations as
2 16 applicable to the circumstances specified in subsection 1:
2 17 a. The prior interaction and interrelationship of the
2 18 child with the child's parents, siblings, and other persons
2 19 related by consanguinity or affinity, and with the grandparent
2 20 or great=grandparent.
2 21 b. The geographical location of the residence of each
2 22 parent or prospective adoption petitioner and the distance
2 23 between those residences, and the geographical location of the
2 24 grandparent's or great=grandparent's residence and the
2 25 distance between the grandparent's or great=grandparent's
2 26 residence and the child's residence.
2 27 c. The child's and parents' or prospective adoption
2 28 petitioner's available time, including but not limited to each
2 29 parent's or prospective adoption petitioner's employment
2 30 schedule, the child's school schedule, and the child's and the
2 31 parents' or prospective adoption petitioner's holiday and
2 32 vacation schedule.
2 33 d. The age of the child.
2 34 e. The child's adjustment to home, school, and community.
2 35 f. If the court has interviewed the child regarding the
3 1 wishes and concerns of the child as to visitation by the
3 2 grandparent or great=grandparent, the wishes and concerns of
3 3 the child, as expressed to the court.
3 4 g. The health and safety of the child.
3 5 h. The amount of time that will be available for the child
3 6 to spend with siblings.
3 7 i. The mental and physical health of all parties.
3 8 j. Each parent's or prospective adoption petitioner's
3 9 willingness to miss or reschedule parenting time or visitation
3 10 to provide visitation with the grandparent or
3 11 great=grandparent.
3 12 k. Whether the grandparent or great=grandparent previously
3 13 has been convicted of or pleaded guilty to any criminal
3 14 offense involving any act that resulted in a child being an
3 15 abused child or a neglected child; whether the grandparent or
3 16 great=grandparent, in a case in which a child has been
3 17 adjudicated an abused child or a neglected child, previously
3 18 has been determined to be the perpetrator of the abusive or
3 19 neglectful act that is the basis of the adjudication; whether
3 20 either parent or a prospective adoption petitioner previously
3 21 has been convicted of or pleaded guilty to a crime involving
3 22 domestic abuse involving a victim who at the time of the
3 23 commission of the offense was a member of the family or
3 24 household that is the subject of the current proceeding;
3 25 whether either parent or a prospective adoption petitioner
3 26 previously has been convicted of an offense involving a victim
3 27 who at the time of the commission of the offense was a member
3 28 of the family or household that is the subject of the current
3 29 proceeding and caused physical harm to the victim in the
3 30 commission of the offense; and whether there is reason to
3 31 believe that the grandparent or great=grandparent has acted in
3 32 a manner resulting in a child being an abused child or a
3 33 neglected child.
3 34 l. Whether the custodial parent or a parent subject to a
3 35 shared parenting decree or order has continuously and
4 1 willfully denied the other parent's right to parenting time in
4 2 accordance with an order of the court.
4 3 m. Whether either parent or the adoption petitioner has
4 4 established a residence or is planning to establish a
4 5 residence outside the state.
4 6 n. The wishes and concerns of the child's parents or the
4 7 adoption petitioner, as expressed by them to the court.
4 8 o. Any other factor in the best interest of the child.
4 9 3. For the purposes of this section, "court" means the
4 10 district court or the juvenile court if that court currently
4 11 has jurisdiction over the child in a pending action. If an
4 12 action is not pending, the district court has jurisdiction.
4 13 4. Notwithstanding any provision of this chapter to the
4 14 contrary, venue for any action to establish, enforce, or
4 15 modify visitation under this section shall be in the county
4 16 where either parent resides if no final custody order
4 17 determination relating to the grandchild or great=grandchild
4 18 has been entered by any other court. If a final custody order
4 19 has been entered by any other court, venue shall be located
4 20 exclusively in the county where the most recent final custody
4 21 order was entered. If any other custodial proceeding is
4 22 pending when an action to establish, enforce, or modify
4 23 visitation under this section is filed, venue shall be located
4 24 exclusively in the county where the pending custodial
4 25 proceeding was filed. If the action is brought during the
4 26 pendency of a termination of parental rights proceeding, venue
4 27 shall be as provided in section 600A.5. If the action is
4 28 brought during the pendency of an adoption proceeding, venue
4 29 shall be as provided in section 600.3.
4 30 5. Notice of any proceeding to establish, enforce, or
4 31 modify visitation under this section shall be personally
4 32 served upon all parents of a child or a prospective adoption
4 33 petitioner whose interests are affected by a proceeding
4 34 brought pursuant to this section and all grandparents or
4 35 great=grandparents who have previously obtained a final order
5 1 or commenced a proceeding under this section.
5 2 6. The court shall not enter any temporary order to
5 3 establish, enforce, or modify visitation under this section.
5 4 7. An action brought under this section is subject to
5 5 chapter 598B, and in an action brought to establish, enforce,
5 6 or modify visitation under this section, each party shall
5 7 submit in its first pleading or in an attached affidavit all
5 8 information required by section 598B.209.
5 9 8. In any action brought to establish, enforce, or modify
5 10 visitation under this section, the court may award attorney
5 11 fees to the prevailing party in an amount deemed reasonable by
5 12 the court.
5 13 9. If a proceeding to establish or enforce visitation
5 14 under this section is commenced when a dissolution of marriage
5 15 proceeding is pending concerning the parents of the affected
5 16 minor child, the record and evidence of the dissolution action
5 17 shall remain impounded pursuant to section 598.26. The
5 18 impounded information shall not be released or otherwise made
5 19 available to any person who is not the petitioner or
5 20 respondent or an attorney of record in the dissolution of
5 21 marriage proceeding. Access to the impounded information by
5 22 the attorney of record for the grandparent or
5 23 great=grandparent shall be limited to only that information
5 24 relevant to the grandparent's or great=grandparent's request
5 25 for visitation.
5 26 EXPLANATION
5 27 This bill amends the grandparent visitation law (Code
5 28 chapter 600C). Current law allows a grandparent or
5 29 great=grandparent to petition for visitation of a minor child.
5 30 The court must consider a fit parent's objections to granting
5 31 visitation, and a rebuttable presumption arises that a fit
5 32 parent's decision to deny visitation to a grandparent or
5 33 great=grandparent is in the best interest of a minor child.
5 34 The court may grant visitation to the grandparent or
5 35 great=grandparent if the court finds all of the following by
6 1 clear and convincing evidence: the grandparent or
6 2 great=grandparent has established a substantial relationship
6 3 with the child prior to the filing of the petition; the parent
6 4 who is being asked to temporarily relinquish care, custody,
6 5 and control of the child to provide visitation is unfit to
6 6 make the decision regarding visitation; and it is in the best
6 7 interest of the child to grant such visitation.
6 8 The bill strikes the current provisions and instead
6 9 provides that the grandparent or great=grandparent of a minor
6 10 child may petition the court for visitation of a minor child
6 11 only under specified circumstances: during the pendency of or
6 12 after a decree or final order is issued in a dissolution,
6 13 legal separation, child support, or annulment proceeding of
6 14 the parent of a child if the proceeding involves the child; if
6 15 either parent of the child is deceased; if the parents of the
6 16 child are unmarried and, in the case of the grandparent or
6 17 great=grandparent who is the parent or grandparent of the
6 18 father, the father's paternity of the child has been legally
6 19 established; during the pendency of a termination of parental
6 20 rights proceeding; or during the pendency of an adoption
6 21 proceeding.
6 22 The bill provides that the court may grant visitation to
6 23 the grandparent or great=grandparent if the court finds that
6 24 the grandparent or great=grandparent has an interest in the
6 25 welfare of the child and that granting of visitation is in the
6 26 best interest of the child. The court is to make this
6 27 determination based upon a listing of considerations
6 28 including, as applicable to the circumstances: the prior
6 29 interaction and interrelationship of the child with the
6 30 child's parents, siblings, and other persons related by
6 31 consanguinity or affinity, and with the grandparent or
6 32 great=grandparent; the geographical location of the residences
6 33 of each of the parties and the distance between the
6 34 residences; the child's and parents' or prospective adoptive
6 35 parent's available time; the age of the child; the child's
7 1 adjustment to home, school, and community; if the court has
7 2 interviewed the child, the wishes and concerns of the child;
7 3 the health and safety of the child; the amount of time that
7 4 will be available for the child to spend with siblings; the
7 5 mental and physical health of all parties; each parent's or
7 6 prospective adoptive parent's willingness to miss or
7 7 reschedule parenting time or visitation to provide visitation
7 8 with the grandparent or great=grandparent; any of the party's
7 9 previous convictions of certain crimes or involvement in the
7 10 abuse or neglect of a child; whether the custodial parent or a
7 11 parent subject to a shared parenting decree or order has
7 12 continuously and willfully denied the other parent's right to
7 13 parenting time in accordance with an order of the court;
7 14 whether either parent or a prospective adoptive parent has
7 15 established a residence or is planning to establish a
7 16 residence outside the state; the wishes and concerns of the
7 17 child's parents or prospective adoptive parent, as expressed
7 18 by them to the court; and any other factor in the best
7 19 interest of the child.
7 20 The bill also provides procedural and jurisdictional
7 21 provisions that exist under the current law.
7 22 LSB 2148YH 83
7 23 pf/nh/14.1