SF 2171 (LSB 5979XS (5) 83)

SENATE FILE 2171

BY  HARTSUCH

A BILL FOR

An Act relating to grandparent and great-grandparent visitation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 600C.1, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  Notwithstanding the requirements of subsection 3, the court may grant visitation to the grandparent or great-grandparent if the court finds all of the following by clear and convincing evidence:
   a.  The grandparent or great-grandparent has established a substantial relationship with the child prior to the filing of the petition.
   b.  The parent is unable to provide evidence that the grandparent or great-grandparent is unfit to be granted visitation or that granting visitation will place the child at risk of physical or emotional harm.
   c.  The relationship between the grandparent or great-grandparent and the parent has been significantly impaired causing the parent to act in the parent’s best interest.
   d.  Granting such visitation is in the best interest of the child.
EXPLANATION
   This bill relates to granting of visitation to grandparents or great-grandparents. The bill provides that notwithstanding the requirements for granting visitation to a grandparent or great-grandparent, the court may grant such visitation if the court finds by clear and convincing evidence that: the grandparent or great-grandparent has established a substantial relationship with the child prior to the filing of the petition; the parent is unable to provide evidence that the grandparent or great-grandparent is unfit to be granted visitation or that granting visitation will place the child at risk of physical or emotional harm; the relationship between the grandparent or great-grandparent and the parent has been significantly impaired causing the parent to act in the parent’s best interest; and granting such visitation is in the best interest of the child.