S.F. 2171 Section 1. Section 600C.1, Code 2009, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3A. Notwithstanding the requirements of 3 subsection 3, the court may grant visitation to the grandparent 4 or great-grandparent if the court finds all of the following by 5 clear and convincing evidence: 6 a. The grandparent or great-grandparent has established a 7 substantial relationship with the child prior to the filing of 8 the petition. 9 b. The parent is unable to provide evidence that the 10 grandparent or great-grandparent is unfit to be granted 11 visitation or that granting visitation will place the child at 12 risk of physical or emotional harm. 13 c. The relationship between the grandparent or 14 great-grandparent and the parent has been significantly 15 impaired causing the parent to act in the parent’s best 16 interest. 17 d. Granting such visitation is in the best interest of the 18 child. 19 EXPLANATION 20 This bill relates to granting of visitation to grandparents 21 or great-grandparents. The bill provides that notwithstanding 22 the requirements for granting visitation to a grandparent 23 or great-grandparent, the court may grant such visitation 24 if the court finds by clear and convincing evidence that: 25 the grandparent or great-grandparent has established a 26 substantial relationship with the child prior to the filing of 27 the petition; the parent is unable to provide evidence that 28 the grandparent or great-grandparent is unfit to be granted 29 visitation or that granting visitation will place the child at 30 risk of physical or emotional harm; the relationship between 31 the grandparent or great-grandparent and the parent has 32 been significantly impaired causing the parent to act in the 33 parent’s best interest; and granting such visitation is in the 34 best interest of the child. 35 -1- LSB 5979XS (5) 83 pf/nh 1/ 1