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Senate File 281 - IntroducedA Bill ForAn Act 1relating to grandparent and great-grandparent
2visitation.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 600C.1, subsection 1, Code 2017, is
2amended to read as follows:
31. The grandparent or great-grandparent of a minor child
4may petition the court for grandchild or great-grandchild
5visitation when the parent of the minor child, who is the child
6of the grandparent or the grandchild of the great-grandparent,
7is deceased.
8 Sec. 2. Section 600C.1, subsection 3, paragraph b, Code
92017, is amended to read as follows:
10b. The grandparent or great-grandparent has established a
11substantial relationship or has made significant reasonable
12efforts to establish a relationship with the child prior to the
13filing of the petition.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill relates to grandparent and great-grandparent
18visitation.
19Under current law, a grandparent or great-grandparent
20may only petition the court for visitation of a minor child
21if the parent of the minor child, who is the child of the
22grandparent or the grandchild of the great-grandparent, is
23deceased. The court may only grant such visitation if the
24court finds by clear and convincing evidence that granting
25such visitation is in the best interest of the child, the
26presumption that the parent of the child is fit to make the
27decision regarding visitation is overcome, and the grandparent
28or great-grandparent has established a substantial relationship
29with the child prior to the filing of the petition.
30Under the bill, the limitation of requiring that the parent
31is deceased is eliminated, thereby allowing any grandparent
32or great-grandparent to petition the court for visitation.
33Additionally, the bill provides that in determining whether to
34grant visitation, as an alternative to proving to the court
35by clear and convincing evidence that the grandparent or
-1-1great-grandparent has established a substantial relationship
2with the child prior to filing the petition, the grandparent or
3great-grandparent must prove by clear and convincing evidence
4that the grandparent or great-grandparent has made significant
5reasonable efforts to establish a relationship with the child
6prior to filing the petition.
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2visitation.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 600C.1, subsection 1, Code 2017, is
2amended to read as follows:
31. The grandparent or great-grandparent of a minor child
4may petition the court for grandchild or great-grandchild
5visitation when the parent of the minor child, who is the child
6of the grandparent or the grandchild of the great-grandparent,
7is deceased.
8 Sec. 2. Section 600C.1, subsection 3, paragraph b, Code
92017, is amended to read as follows:
10b. The grandparent or great-grandparent has established a
11substantial relationship or has made significant reasonable
12efforts to establish a relationship with the child prior to the
13filing of the petition.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill relates to grandparent and great-grandparent
18visitation.
19Under current law, a grandparent or great-grandparent
20may only petition the court for visitation of a minor child
21if the parent of the minor child, who is the child of the
22grandparent or the grandchild of the great-grandparent, is
23deceased. The court may only grant such visitation if the
24court finds by clear and convincing evidence that granting
25such visitation is in the best interest of the child, the
26presumption that the parent of the child is fit to make the
27decision regarding visitation is overcome, and the grandparent
28or great-grandparent has established a substantial relationship
29with the child prior to the filing of the petition.
30Under the bill, the limitation of requiring that the parent
31is deceased is eliminated, thereby allowing any grandparent
32or great-grandparent to petition the court for visitation.
33Additionally, the bill provides that in determining whether to
34grant visitation, as an alternative to proving to the court
35by clear and convincing evidence that the grandparent or
-1-1great-grandparent has established a substantial relationship
2with the child prior to filing the petition, the grandparent or
3great-grandparent must prove by clear and convincing evidence
4that the grandparent or great-grandparent has made significant
5reasonable efforts to establish a relationship with the child
6prior to filing the petition.
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