SENATE FILE 55

BY  KIBBIE

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 2011, is amended by striking the section and inserting in lieu thereof the following:
   600C.1  Grandparent and great-grandparent visitation.
   1.  The grandparent or great-grandparent of a minor child may petition the court for grandchild or great-grandchild visitation.
   2.  The court shall consider a fit parent’s objections to granting visitation under this section. A rebuttable presumption arises that a fit parent’s decision to deny visitation to a grandparent or great-grandparent is in the best interest of a minor child.
   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 who is being asked to temporarily relinquish care, custody, and control of the child to provide visitation is unfit to make the decision regarding visitation.
   c.  It is in the best interest of the child to grant such visitation.
   4.  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.
   5.  For the purposes of this section,“court” means the district court or the juvenile court if that court currently has jurisdiction over the child in a pending action. If an action is not pending, the district court has jurisdiction.
   6.  Notwithstanding any provision of this chapter to the contrary, venue for any action to establish, enforce, or modify visitation under this section shall be in the county where either parent resides if no final custody order determination relating to the grandchild or great-grandchild has been entered by any other court. If a final custody order has been entered by any other court, venue shall be located exclusively in the county where the most recent final custody order was entered. If any other custodial proceeding is pending when an action to establish, enforce, or modify visitation under this section is filed, venue shall be located exclusively in the county where the pending custodial proceeding was filed.
   7.  Notice of any proceeding to establish, enforce, or modify visitation under this section shall be personally served upon all parents of a child whose interests are affected by a proceeding brought pursuant to this section and all grandparents or great-grandparents who have previously obtained a final order or commenced a proceeding under this section.
   8.  The court shall not enter any temporary order to establish, enforce, or modify visitation under this section.
   9.  An action brought under this section is subject to chapter 598B, and in an action brought to establish, enforce, or modify visitation under this section, each party shall submit in its first pleading or in an attached affidavit all information required by section 598B.209.
   10.  In any action brought to establish, enforce, or modify visitation under this section, the court may award attorney fees to the prevailing party in an amount deemed reasonable by the court.
   11.  If a proceeding to establish or enforce visitation under this section is commenced when a dissolution of marriage proceeding is pending concerning the parents of the affected minor child, the record and evidence of the dissolution action shall remain impounded pursuant to section 598.26. The impounded information shall not be released or otherwise made available to any person who is not the petitioner or respondent or an attorney of record in the dissolution of marriage proceeding. Access to the impounded information by the attorney of record for the grandparent or great-grandparent shall be limited to only that information relevant to the grandparent’s or great-grandparent’s request for visitation.
EXPLANATION
   This bill relates to granting of visitation to grandparents or great-grandparents. The bill strikes the current provision which limits petitioning for grandparent or great-grandparent visitation to grandparents or great-grandparents of a minor child when the parent of the minor child, who is the child of the grandparent or the grandchild of the great-grandparent, is deceased. The bill replaces the stricken language with the prior law (Code 2009) which does not so restrict those grandparents or great-grandparents who may petition the court for visitation. The bill also adds a new provision that provides, 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.