Bill Text: IA HF2525 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the circumstances under which a grandparent or great-grandparent may petition for grandparent and great-grandparent visitation. (Formerly HF 2285.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-24 - Introduced, placed on calendar. H.J. 336. [HF2525 Detail]
Download: Iowa-2019-HF2525-Introduced.html
House
File
2525
-
Introduced
HOUSE
FILE
2525
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
2285)
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:
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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
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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
4.
In
determining
the
best
interest
of
the
minor
child,
the
13
court
shall
consider
all
of
the
following:
14
a.
The
prior
interaction
and
interrelationships
of
the
15
minor
child
with
the
minor
child’s
parents,
siblings,
and
16
other
persons
related
by
consanguinity
or
affinity,
compared
17
to
the
minor
child’s
relationship
with
the
grandparent
or
18
great-grandparent.
19
b.
The
geographical
location
of
the
grandparent’s
or
20
great-grandparent’s
residence
and
the
distance
between
the
21
grandparent’s
or
great-grandparent’s
residence
and
the
minor
22
child’s
residence.
23
c.
The
minor
child’s
and
parent’s
available
time,
including
24
but
not
limited
to
the
parent’s
employment
schedule,
the
minor
25
child’s
school
schedule,
the
amount
of
time
that
will
be
26
available
for
the
minor
child
to
spend
with
siblings,
and
the
27
minor
child’s
and
the
parent’s
holiday
and
vacation
schedules.
28
d.
The
age
of
the
minor
child.
29
e.
If
the
court
has
interviewed
the
minor
child
in
chambers
30
as
provided
in
this
section
regarding
the
wishes
and
concerns
31
of
the
minor
child
as
to
visitation
by
the
grandparent
or
32
great-grandparent
or
as
to
a
specific
visitation
schedule,
the
33
wishes
and
concerns
of
the
minor
child,
as
expressed
to
the
34
court.
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f.
The
health
and
safety
of
the
minor
child.
1
g.
The
mental
and
physical
health
of
all
parties.
2
h.
Whether
the
grandparent
or
great-grandparent
previously
3
has
been
convicted
of
or
pleaded
guilty
to
any
criminal
4
offense
involving
any
act
that
resulted
in
a
child
being
an
5
abused
child
or
a
neglected
child;
whether
the
grandparent
6
or
great-grandparent
previously
has
been
convicted
of
or
7
pleaded
guilty
to
a
crime
involving
a
victim
who
at
the
time
8
of
the
commission
of
the
offense
was
a
member
of
the
family
9
or
household
that
is
the
subject
of
the
current
proceeding;
10
and
whether
there
is
reason
to
believe
that
the
grandparent
or
11
great-grandparent
has
acted
in
a
manner
resulting
in
a
child
12
having
ever
been
found
to
be
an
abused
child
or
a
neglected
13
child.
14
i.
The
wishes
and
concerns
of
the
minor
child’s
parent,
as
15
expressed
by
the
parent
to
the
court.
16
j.
Any
other
factor
in
the
best
interest
of
the
minor
child.
17
5.
For
the
purposes
of
this
section,
“substantial
18
relationship”
includes
but
is
not
limited
to
any
of
the
19
following:
20
a.
The
minor
child
has
lived
with
the
grandparent
or
21
great-grandparent
for
at
least
six
months.
22
b.
The
grandparent
or
great-grandparent
has
voluntarily
and
23
in
good
faith
supported
the
minor
child
financially
in
whole
or
24
in
part
for
a
period
of
not
less
than
six
months.
25
c.
The
grandparent
or
great-grandparent
has
had
frequent
26
visitation
including
occasional
overnight
visitation
with
the
27
minor
child
for
a
period
of
not
less
than
one
year.
28
6.
If
the
court
interviews
any
minor
child
concerning
the
29
minor
child’s
wishes
and
concerns
regarding
parenting
time
or
30
visitation,
the
interview
shall
be
conducted
in
chambers,
and
31
only
the
minor
child,
the
minor
child’s
attorney,
the
judge,
32
any
necessary
court
personnel,
and,
in
the
judge’s
discretion,
33
the
attorney
of
the
parent
shall
be
permitted
to
be
present
in
34
the
chambers
during
the
interview.
A
person
shall
not
obtain
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or
attempt
to
obtain
from
a
minor
child
a
written
or
recorded
1
statement
or
affidavit
setting
forth
the
wishes
and
concerns
of
2
the
minor
child
regarding
parenting
time
or
visitation.
3
7.
For
the
purposes
of
this
section
,
“court”
means
the
4
district
court
or
the
juvenile
court
if
that
court
currently
5
has
jurisdiction
over
the
minor
child
in
a
pending
action.
If
6
an
action
is
not
pending,
the
district
court
has
jurisdiction.
7
8.
Notwithstanding
any
provision
of
this
chapter
to
the
8
contrary,
venue
for
any
action
to
establish,
enforce,
or
modify
9
visitation
under
this
section
shall
be
in
the
county
where
the
10
minor
child
resides
if
no
final
custody
order
determination
11
relating
to
the
grandchild
or
great-grandchild
has
been
entered
12
by
any
other
court.
If
a
final
custody
order
has
been
entered
13
by
any
other
court,
venue
shall
be
located
exclusively
in
the
14
county
where
the
most
recent
final
custody
order
was
entered.
15
If
any
other
custodial
proceeding
is
pending
when
an
action
to
16
establish,
enforce,
or
modify
visitation
under
this
section
is
17
filed,
venue
shall
be
located
exclusively
in
the
county
where
18
the
pending
custodial
proceeding
was
filed.
19
9.
Notice
of
any
proceeding
to
establish,
enforce,
or
modify
20
visitation
under
this
section
shall
be
personally
served
upon
21
the
parent
of
the
minor
child
whose
interests
are
affected
22
by
a
proceeding
brought
pursuant
to
this
section
and
all
23
grandparents
or
great-grandparents
who
have
previously
obtained
24
a
final
order
or
commenced
a
proceeding
under
this
section
.
25
10.
The
court
shall
not
enter
any
temporary
order
to
26
establish,
enforce,
or
modify
visitation
under
this
section
.
27
11.
An
action
brought
under
this
section
is
subject
to
28
chapter
598B
,
and
in
an
action
brought
to
establish,
enforce,
29
or
modify
visitation
under
this
section
,
each
party
shall
30
submit
in
its
first
pleading
or
in
an
attached
affidavit
all
31
information
required
by
section
598B.209
.
32
12.
A
grandparent
or
great-grandparent
shall
not
petition
33
for
visitation
under
this
section
more
than
once
every
two
34
years
absent
a
showing
of
good
cause.
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13.
The
court
shall
not
issue
an
order
restricting
1
the
movement
of
the
minor
child
if
such
restriction
is
2
solely
for
the
purpose
of
allowing
the
grandparent
or
3
great-grandparent
the
opportunity
to
exercise
the
grandparent’s
4
or
great-grandparent’s
visitation
under
this
section
.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
the
granting
of
grandparent
and
9
great-grandparent
visitation.
10
The
bill
provides
an
additional
circumstance
under
which
a
11
grandparent
or
great-grandparent
may
petition
for
visitation.
12
Under
the
bill,
in
addition
to
the
situation
in
which
the
13
parent
of
the
minor
child,
who
is
the
child
of
the
grandparent
14
or
the
grandchild
of
the
great-grandparent,
is
deceased,
a
15
grandparent
or
great-grandparent
may
petition
for
visitation
16
if
the
parents
of
the
minor
child
are
divorced
or
were
never
17
married
and
the
parent
who
is
not
the
child
of
the
grandparent
18
or
the
grandchild
of
the
great-grandparent
has
sole
custody
of
19
the
minor
child.
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