House File 297 - Introduced HOUSE FILE 297 BY SODERBERG (COMPANION TO SF 55) 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 2376YH (3) 84 pf/nh

H.F. 297 Section 1. Section 600C.1, Code 2011, is amended by striking 1 the section and inserting in lieu thereof the following: 2 600C.1 Grandparent and great-grandparent visitation. 3 1. The grandparent or great-grandparent of a minor child 4 may petition the court for grandchild or great-grandchild 5 visitation. 6 2. The court shall consider a fit parent’s objections 7 to granting visitation under this section. A rebuttable 8 presumption arises that a fit parent’s decision to deny 9 visitation to a grandparent or great-grandparent is in the best 10 interest of a minor child. 11 3. The court may grant visitation to the grandparent or 12 great-grandparent if the court finds all of the following by 13 clear and convincing evidence: 14 a. The grandparent or great-grandparent has established a 15 substantial relationship with the child prior to the filing of 16 the petition. 17 b. The parent who is being asked to temporarily relinquish 18 care, custody, and control of the child to provide visitation 19 is unfit to make the decision regarding visitation. 20 c. It is in the best interest of the child to grant such 21 visitation. 22 4. Notwithstanding the requirements of subsection 23 3, the court may grant visitation to the grandparent or 24 great-grandparent if the court finds all of the following by 25 clear and convincing evidence: 26 a. The grandparent or great-grandparent has established a 27 substantial relationship with the child prior to the filing of 28 the petition. 29 b. The parent is unable to provide evidence that the 30 grandparent or great-grandparent is unfit to be granted 31 visitation or that granting visitation will place the child at 32 risk of physical or emotional harm. 33 c. The relationship between the grandparent or 34 great-grandparent and the parent has been significantly 35 -1- LSB 2376YH (3) 84 pf/nh 1/ 4

H.F. 297 impaired causing the parent to act in the parent’s best 1 interest. 2 d. Granting such visitation is in the best interest of the 3 child. 4 5. For the purposes of this section, “court” means the 5 district court or the juvenile court if that court currently 6 has jurisdiction over the child in a pending action. If an 7 action is not pending, the district court has jurisdiction. 8 6. Notwithstanding any provision of this chapter to the 9 contrary, venue for any action to establish, enforce, or modify 10 visitation under this section shall be in the county where 11 either parent resides if no final custody order determination 12 relating to the grandchild or great-grandchild has been entered 13 by any other court. If a final custody order has been entered 14 by any other court, venue shall be located exclusively in the 15 county where the most recent final custody order was entered. 16 If any other custodial proceeding is pending when an action to 17 establish, enforce, or modify visitation under this section is 18 filed, venue shall be located exclusively in the county where 19 the pending custodial proceeding was filed. 20 7. Notice of any proceeding to establish, enforce, or 21 modify visitation under this section shall be personally served 22 upon all parents of a child whose interests are affected 23 by a proceeding brought pursuant to this section and all 24 grandparents or great-grandparents who have previously obtained 25 a final order or commenced a proceeding under this section. 26 8. The court shall not enter any temporary order to 27 establish, enforce, or modify visitation under this section. 28 9. An action brought under this section is subject to 29 chapter 598B, and in an action brought to establish, enforce, 30 or modify visitation under this section, each party shall 31 submit in its first pleading or in an attached affidavit all 32 information required by section 598B.209. 33 10. In any action brought to establish, enforce, or modify 34 visitation under this section, the court may award attorney 35 -2- LSB 2376YH (3) 84 pf/nh 2/ 4

H.F. 297 fees to the prevailing party in an amount deemed reasonable by 1 the court. 2 11. If a proceeding to establish or enforce visitation 3 under this section is commenced when a dissolution of marriage 4 proceeding is pending concerning the parents of the affected 5 minor child, the record and evidence of the dissolution 6 action shall remain impounded pursuant to section 598.26. 7 The impounded information shall not be released or otherwise 8 made available to any person who is not the petitioner or 9 respondent or an attorney of record in the dissolution of 10 marriage proceeding. Access to the impounded information by 11 the attorney of record for the grandparent or great-grandparent 12 shall be limited to only that information relevant to the 13 grandparent’s or great-grandparent’s request for visitation. 14 EXPLANATION 15 This bill relates to granting of visitation to grandparents 16 or great-grandparents. The bill strikes the current provision 17 which limits petitioning for grandparent or great-grandparent 18 visitation to grandparents or great-grandparents of a minor 19 child when the parent of the minor child, who is the child of 20 the grandparent or the grandchild of the great-grandparent, 21 is deceased. The bill replaces the stricken language with 22 the prior law (Code 2009) which does not so restrict those 23 grandparents or great-grandparents who may petition the 24 court for visitation. The bill also adds a new provision 25 that provides, notwithstanding the requirements for granting 26 visitation to a grandparent or great-grandparent, the court 27 may grant such visitation if the court finds by clear and 28 convincing evidence that: the grandparent or great-grandparent 29 has established a substantial relationship with the child 30 prior to the filing of the petition; the parent is unable to 31 provide evidence that the grandparent or great-grandparent is 32 unfit to be granted visitation or that granting visitation 33 will place the child at risk of physical or emotional harm; 34 the relationship between the grandparent or great-grandparent 35 -3- LSB 2376YH (3) 84 pf/nh 3/ 4

H.F. 297 and the parent has been significantly impaired causing the 1 parent to act in the parent’s best interest; and granting such 2 visitation is in the best interest of the child. 3 -4- LSB 2376YH (3) 84 pf/nh 4/ 4