House File 2285 - Introduced HOUSE FILE 2285 BY WHEELER A BILL FOR An Act relating to the circumstances under which a grandparent 1 or great-grandparent may petition for grandparent and 2 great-grandparent visitation. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5806YH (4) 88 pf/rh

H.F. 2285 Section 1. Section 600C.1, Code 2020, is amended to read as 1 follows: 2 600C.1 Grandparent and great-grandparent visitation —— 3 limitations . 4 1. The grandparent or great-grandparent of a minor child 5 may petition the court for grandchild or great-grandchild 6 visitation when the either of the following applies: 7 a. The parent of the minor child, who is the child of the 8 grandparent or the grandchild of the great-grandparent, is 9 deceased. 10 b. The parents of the minor child are divorced or were never 11 married and the parent who is not the child of the grandparent 12 or the grandchild of the great-grandparent has sole custody of 13 the minor child. 14 2. The court shall consider a fit parent’s objections 15 to granting visitation under this section . A rebuttable 16 presumption arises that a fit parent’s decision to deny 17 visitation to a grandparent or great-grandparent is in the best 18 interest of a minor child. 19 3. The court may grant visitation to the grandparent or 20 great-grandparent under this section if the court finds all of 21 the following by clear and convincing evidence: 22 a. It is in the best interest of the minor child to grant 23 such visitation. 24 b. The grandparent or great-grandparent has established 25 a substantial relationship with the minor child prior to the 26 filing of the petition. 27 c. That the presumption that the parent who is being asked 28 to temporarily relinquish care, custody, and control of the 29 minor child to provide visitation is fit to make the decision 30 regarding visitation is overcome by demonstrating one of the 31 following: 32 (1) The parent is unfit to make such decision. 33 (2) The parent’s judgment has been impaired and the 34 relative benefit to the minor child of granting visitation 35 -1- LSB 5806YH (4) 88 pf/rh 1/ 6

H.F. 2285 greatly outweighs any effect on the parent-child relationship. 1 Impaired judgment of a parent may be evidenced by any of, but 2 not limited to, the following: 3 (a) Neglect of the minor child. 4 (b) Abuse of the minor child. 5 (c) Violence toward the minor child. 6 (d) Indifference or absence of feeling toward the minor 7 child. 8 (e) Demonstrated unwillingness and inability to promote the 9 emotional and physical well-being of the minor child. 10 (f) Drug abuse. 11 (g) A diagnosis of mental illness. 12 (3) If the parent is a parent as described in subsection 1, 13 paragraph “b” , the parent relinquished primary care of the 14 minor child to the grandparent or great-grandparent for at 15 least a two-year period during which time the parent could not 16 act as a suitable parent to the minor child but the grandparent 17 or great-grandparent provided a stable, nurturing, and secure 18 environment for the minor child to which the minor child became 19 accustomed. 20 4. In determining the best interest of the minor child, the 21 court shall consider all of the following: 22 a. The prior interaction and interrelationships of the 23 minor child with the minor child’s parents, siblings, and 24 other persons related by consanguinity or affinity, compared 25 to the minor child’s relationship with the grandparent or 26 great-grandparent. 27 b. The geographical location of the grandparent’s or 28 great-grandparent’s residence and the distance between the 29 grandparent’s or great-grandparent’s residence and the minor 30 child’s residence. 31 c. The minor child’s and parent’s available time, including 32 but not limited to the parent’s employment schedule, the minor 33 child’s school schedule, the amount of time that will be 34 available for the minor child to spend with siblings, and the 35 -2- LSB 5806YH (4) 88 pf/rh 2/ 6

H.F. 2285 minor child’s and the parent’s holiday and vacation schedules. 1 d. The age of the minor child. 2 e. If the court has interviewed the minor child in chambers 3 as provided in this section regarding the wishes and concerns 4 of the minor child as to visitation by the grandparent or 5 great-grandparent or as to a specific visitation schedule, the 6 wishes and concerns of the minor child, as expressed to the 7 court. 8 f. The health and safety of the minor child. 9 g. The mental and physical health of all parties. 10 h. Whether the grandparent or great-grandparent previously 11 has been convicted of or pleaded guilty to any criminal 12 offense involving any act that resulted in a child being an 13 abused child or a neglected child; whether the grandparent 14 or great-grandparent previously has been convicted of or 15 pleaded guilty to a crime involving a victim who at the time 16 of the commission of the offense was a member of the family 17 or household that is the subject of the current proceeding; 18 and whether there is reason to believe that the grandparent or 19 great-grandparent has acted in a manner resulting in a child 20 having ever been found to be an abused child or a neglected 21 child. 22 i. The wishes and concerns of the minor child’s parent, as 23 expressed by the parent to the court. 24 j. Any other factor in the best interest of the minor child. 25 5. For the purposes of this section, “substantial 26 relationship” includes but is not limited to any of the 27 following: 28 a. The minor child has lived with the grandparent or 29 great-grandparent for at least six months. 30 b. The grandparent or great-grandparent has voluntarily and 31 in good faith supported the minor child financially in whole or 32 in part for a period of not less than six months. 33 c. The grandparent or great-grandparent has had frequent 34 visitation including occasional overnight visitation with the 35 -3- LSB 5806YH (4) 88 pf/rh 3/ 6

H.F. 2285 minor child for a period of not less than one year. 1 6. If the court interviews any minor child concerning the 2 minor child’s wishes and concerns regarding parenting time or 3 visitation, the interview shall be conducted in chambers, and 4 only the minor child, the minor child’s attorney, the judge, 5 any necessary court personnel, and, in the judge’s discretion, 6 the attorney of the parent shall be permitted to be present in 7 the chambers during the interview. A person shall not obtain 8 or attempt to obtain from a minor child a written or recorded 9 statement or affidavit setting forth the wishes and concerns of 10 the minor child regarding parenting time or visitation. 11 7. For the purposes of this section , “court” means the 12 district court or the juvenile court if that court currently 13 has jurisdiction over the minor child in a pending action. If 14 an action is not pending, the district court has jurisdiction. 15 8. Notwithstanding any provision of this chapter to the 16 contrary, venue for any action to establish, enforce, or modify 17 visitation under this section shall be in the county where the 18 minor child resides if no final custody order determination 19 relating to the grandchild or great-grandchild has been entered 20 by any other court. If a final custody order has been entered 21 by any other court, venue shall be located exclusively in the 22 county where the most recent final custody order was entered. 23 If any other custodial proceeding is pending when an action to 24 establish, enforce, or modify visitation under this section is 25 filed, venue shall be located exclusively in the county where 26 the pending custodial proceeding was filed. 27 9. Notice of any proceeding to establish, enforce, or modify 28 visitation under this section shall be personally served upon 29 the parent of the minor child whose interests are affected 30 by a proceeding brought pursuant to this section and all 31 grandparents or great-grandparents who have previously obtained 32 a final order or commenced a proceeding under this section . 33 10. The court shall not enter any temporary order to 34 establish, enforce, or modify visitation under this section . 35 -4- LSB 5806YH (4) 88 pf/rh 4/ 6

H.F. 2285 11. An action brought under this section is subject to 1 chapter 598B , and in an action brought to establish, enforce, 2 or modify visitation under this section , each party shall 3 submit in its first pleading or in an attached affidavit all 4 information required by section 598B.209 . 5 12. A grandparent or great-grandparent shall not petition 6 for visitation under this section more than once every two 7 years absent a showing of good cause. 8 13. The court shall not issue an order restricting 9 the movement of the minor child if such restriction is 10 solely for the purpose of allowing the grandparent or 11 great-grandparent the opportunity to exercise the grandparent’s 12 or great-grandparent’s visitation under this section . 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 the granting of grandparent and 17 great-grandparent visitation. 18 The bill provides an additional circumstance under which a 19 grandparent or great-grandparent may petition for visitation. 20 Under the bill, in addition to the situation in which the 21 parent of the minor child, who is the child of the grandparent 22 or the grandchild of the great-grandparent, is deceased, a 23 grandparent or great-grandparent may petition for visitation 24 if the parents of the minor child are divorced or were never 25 married and the parent who is not the child of the grandparent 26 or the grandchild of the great-grandparent has sole custody of 27 the minor child. The bill also provides that if the parent 28 is as described in the additional circumstance provided in 29 the bill, the presumption, that the parent who is being asked 30 to temporarily relinquish care, custody, and control of the 31 minor child to provide visitation is fit to make the decision 32 regarding visitation, may be overcome by demonstrating that 33 the parent relinquished primary care of the minor child to the 34 grandparent or great-grandparent for at least a two-year period 35 -5- LSB 5806YH (4) 88 pf/rh 5/ 6

H.F. 2285 during which the parent could not act as a suitable parent 1 to the minor child but the grandparent or great-grandparent 2 provided a stable, nurturing, and secure environment for the 3 minor child to which the minor child became accustomed. 4 -6- LSB 5806YH (4) 88 pf/rh 6/ 6