Senate File 2247 - Introduced SENATE FILE 2247 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 281) 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 2518SV (3) 87 pf/rh
S.F. 2247 Section 1. Section 600C.1, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 1A. If a party objects to the petition 3 filed under this section, the court shall stay the proceedings 4 and refer the parties to mediation. If an agreement is reached 5 through mediation, the parties shall file the signed agreement 6 with the court for approval, and the court shall dismiss the 7 petition. If an agreement is not reached through mediation, 8 the parties shall proceed to a hearing on the petition unless 9 the petition is otherwise dismissed or withdrawn. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to grandparent and great-grandparent 14 visitation. 15 Under current law, a grandparent or great-grandparent 16 may only petition the court for visitation of a minor child 17 if the parent of the minor child, who is the child of the 18 grandparent or the grandchild of the great-grandparent, is 19 deceased. The court may only grant such visitation if the 20 court finds by clear and convincing evidence that granting 21 such visitation is in the best interest of the child, the 22 presumption that the parent of the child is fit to make the 23 decision regarding visitation is overcome, and the grandparent 24 or great-grandparent has established a substantial relationship 25 with the child prior to the filing of the petition. 26 Under the bill, if a party objects to the petition filed, 27 the court shall stay the proceedings and refer the parties 28 to mediation. If an agreement is reached through mediation, 29 the parties are required to file the signed agreement with 30 the court for approval and the court is required to dismiss 31 the petition. If the parties do not reach an agreement 32 through mediation, the parties shall proceed to a hearing on 33 the petition unless the petition is otherwise dismissed or 34 withdrawn. 35 -1- LSB 2518SV (3) 87 pf/rh 1/ 1