Senate File 281 - Introduced SENATE FILE 281 BY ZAUN 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 2518XS (3) 87 pf/nh

S.F. 281 Section 1. Section 600C.1, subsection 1, Code 2017, is 1 amended to read as follows: 2 1. The grandparent or great-grandparent of a minor child 3 may petition the court for grandchild or great-grandchild 4 visitation when the parent of the minor child, who is the child 5 of the grandparent or the grandchild of the great-grandparent, 6 is deceased . 7 Sec. 2. Section 600C.1, subsection 3, paragraph b, Code 8 2017, is amended to read as follows: 9 b. The grandparent or great-grandparent has established a 10 substantial relationship or has made significant reasonable 11 efforts to establish a relationship with the child prior to the 12 filing of the petition. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to grandparent and great-grandparent 17 visitation. 18 Under current law, a grandparent or great-grandparent 19 may only petition the court for visitation of a minor child 20 if the parent of the minor child, who is the child of the 21 grandparent or the grandchild of the great-grandparent, is 22 deceased. The court may only grant such visitation if the 23 court finds by clear and convincing evidence that granting 24 such visitation is in the best interest of the child, the 25 presumption that the parent of the child is fit to make the 26 decision regarding visitation is overcome, and the grandparent 27 or great-grandparent has established a substantial relationship 28 with the child prior to the filing of the petition. 29 Under the bill, the limitation of requiring that the parent 30 is deceased is eliminated, thereby allowing any grandparent 31 or great-grandparent to petition the court for visitation. 32 Additionally, the bill provides that in determining whether to 33 grant visitation, as an alternative to proving to the court 34 by clear and convincing evidence that the grandparent or 35 -1- LSB 2518XS (3) 87 pf/nh 1/ 2

S.F. 281 great-grandparent has established a substantial relationship 1 with the child prior to filing the petition, the grandparent or 2 great-grandparent must prove by clear and convincing evidence 3 that the grandparent or great-grandparent has made significant 4 reasonable efforts to establish a relationship with the child 5 prior to filing the petition. 6 -2- LSB 2518XS (3) 87 pf/nh 2/ 2