SF 281 (LSB 2518XS (3) 87)

SENATE FILE 281

BY  ZAUN

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, subsection 1, Code 2017, is amended to read as follows:
   1.  The grandparent or great-grandparent of a minor child may petition the court for grandchild or great-grandchild visitation when the parent of the minor child, who is the child of the grandparent or the grandchild of the great-grandparent, is deceased.
    Sec. 2.  Section 600C.1, subsection 3, paragraph b, Code 2017, is amended to read as follows:
   b.  The grandparent or great-grandparent has established a substantial relationship or has made significant reasonable efforts to establish a relationship with the child prior to the filing of the petition.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to grandparent and great-grandparent visitation. 
   Under current law, a grandparent or great-grandparent may only petition the court for visitation of a minor child if the parent of the minor child, who is the child of the grandparent or the grandchild of the great-grandparent, is deceased. The court may only grant such visitation if the court finds by clear and convincing evidence that granting such visitation is in the best interest of the child, the presumption that the parent of the child is fit to make the decision regarding visitation is overcome, and the grandparent or great-grandparent has established a substantial relationship with the child prior to the filing of the petition. 
   Under the bill, the limitation of requiring that the parent is deceased is eliminated, thereby allowing any grandparent or great-grandparent to petition the court for visitation. Additionally, the bill provides that in determining whether to grant visitation, as an alternative to proving to the court by clear and convincing evidence that the grandparent or great-grandparent has established a substantial relationship with the child prior to filing the petition, the grandparent or great-grandparent must prove by clear and convincing evidence that the grandparent or great-grandparent has made significant reasonable efforts to establish a relationship with the child prior to filing the petition.