Bill Text: IA SF118 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to grandparent and great-grandparent visitation.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-16 - Subcommittee reassigned, Taylor, Garrett, and Horn. S.J. 82. [SF118 Detail]
Download: Iowa-2013-SF118-Introduced.html
Senate
File
118
-
Introduced
SENATE
FILE
118
BY
BEALL
and
DEARDEN
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
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118
Section
1.
Section
600C.1,
Code
2013,
is
amended
by
striking
1
the
section
and
inserting
in
lieu
thereof
the
following:
2
600C.1
Grandparent
and
great-grandparent
visitation.
3
1.
The
grandparent
or
great-grandparent
of
a
minor
child
4
may
petition
the
court
for
grandchild
or
great-grandchild
5
visitation.
6
2.
The
court
shall
consider
a
fit
parent’s
objections
7
to
granting
visitation
under
this
section.
A
rebuttable
8
presumption
arises
that
a
fit
parent’s
decision
to
deny
9
visitation
to
a
grandparent
or
great-grandparent
is
in
the
best
10
interest
of
a
minor
child.
11
3.
The
court
may
grant
visitation
to
the
grandparent
or
12
great-grandparent
if
the
court
finds
all
of
the
following
by
13
clear
and
convincing
evidence:
14
a.
The
grandparent
or
great-grandparent
has
established
a
15
substantial
relationship
with
the
child
prior
to
the
filing
of
16
the
petition.
17
b.
The
parent
who
is
being
asked
to
temporarily
relinquish
18
care,
custody,
and
control
of
the
child
to
provide
visitation
19
is
unfit
to
make
the
decision
regarding
visitation.
20
c.
It
is
in
the
best
interest
of
the
child
to
grant
such
21
visitation.
22
4.
Notwithstanding
the
requirements
of
subsection
23
3,
the
court
may
grant
visitation
to
the
grandparent
or
24
great-grandparent
if
the
court
finds
all
of
the
following
by
25
clear
and
convincing
evidence:
26
a.
The
grandparent
or
great-grandparent
has
established
a
27
substantial
relationship
with
the
child
prior
to
the
filing
of
28
the
petition.
29
b.
The
parent
is
unable
to
provide
evidence
that
the
30
grandparent
or
great-grandparent
is
unfit
to
be
granted
31
visitation
or
that
granting
visitation
will
place
the
child
at
32
risk
of
physical
or
emotional
harm.
33
c.
The
relationship
between
the
grandparent
or
34
great-grandparent
and
the
parent
has
been
significantly
35
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118
impaired
causing
the
parent
to
act
in
the
parent’s
best
1
interest.
2
d.
Granting
such
visitation
is
in
the
best
interest
of
the
3
child.
4
5.
For
the
purposes
of
this
section,
“court”
means
the
5
district
court
or
the
juvenile
court
if
that
court
currently
6
has
jurisdiction
over
the
child
in
a
pending
action.
If
an
7
action
is
not
pending,
the
district
court
has
jurisdiction.
8
6.
Notwithstanding
any
provision
of
this
chapter
to
the
9
contrary,
venue
for
any
action
to
establish,
enforce,
or
modify
10
visitation
under
this
section
shall
be
in
the
county
where
11
either
parent
resides
if
no
final
custody
order
determination
12
relating
to
the
grandchild
or
great-grandchild
has
been
entered
13
by
any
other
court.
If
a
final
custody
order
has
been
entered
14
by
any
other
court,
venue
shall
be
located
exclusively
in
the
15
county
where
the
most
recent
final
custody
order
was
entered.
16
If
any
other
custodial
proceeding
is
pending
when
an
action
to
17
establish,
enforce,
or
modify
visitation
under
this
section
is
18
filed,
venue
shall
be
located
exclusively
in
the
county
where
19
the
pending
custodial
proceeding
was
filed.
20
7.
Notice
of
any
proceeding
to
establish,
enforce,
or
21
modify
visitation
under
this
section
shall
be
personally
served
22
upon
all
parents
of
a
child
whose
interests
are
affected
23
by
a
proceeding
brought
pursuant
to
this
section
and
all
24
grandparents
or
great-grandparents
who
have
previously
obtained
25
a
final
order
or
commenced
a
proceeding
under
this
section.
26
8.
The
court
shall
not
enter
any
temporary
order
to
27
establish,
enforce,
or
modify
visitation
under
this
section.
28
9.
An
action
brought
under
this
section
is
subject
to
29
chapter
598B,
and
in
an
action
brought
to
establish,
enforce,
30
or
modify
visitation
under
this
section,
each
party
shall
31
submit
in
its
first
pleading
or
in
an
attached
affidavit
all
32
information
required
by
section
598B.209.
33
10.
In
any
action
brought
to
establish,
enforce,
or
modify
34
visitation
under
this
section,
the
court
may
award
attorney
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fees
to
the
prevailing
party
in
an
amount
deemed
reasonable
by
1
the
court.
2
11.
If
a
proceeding
to
establish
or
enforce
visitation
3
under
this
section
is
commenced
when
a
dissolution
of
marriage
4
proceeding
is
pending
concerning
the
parents
of
the
affected
5
minor
child,
the
record
and
evidence
of
the
dissolution
6
action
shall
remain
impounded
pursuant
to
section
598.26.
7
The
impounded
information
shall
not
be
released
or
otherwise
8
made
available
to
any
person
who
is
not
the
petitioner
or
9
respondent
or
an
attorney
of
record
in
the
dissolution
of
10
marriage
proceeding.
Access
to
the
impounded
information
by
11
the
attorney
of
record
for
the
grandparent
or
great-grandparent
12
shall
be
limited
to
only
that
information
relevant
to
the
13
grandparent’s
or
great-grandparent’s
request
for
visitation.
14
EXPLANATION
15
This
bill
relates
to
granting
of
visitation
to
grandparents
16
or
great-grandparents.
The
bill
strikes
the
current
provision
17
which
limits
petitioning
for
grandparent
or
great-grandparent
18
visitation
to
grandparents
or
great-grandparents
of
a
minor
19
child
when
the
parent
of
the
minor
child,
who
is
the
child
of
20
the
grandparent
or
the
grandchild
of
the
great-grandparent,
21
is
deceased.
The
bill
replaces
the
stricken
language
with
22
the
prior
law
(Code
2009)
which
does
not
so
restrict
those
23
grandparents
or
great-grandparents
who
may
petition
the
court
24
for
visitation,
and
adds
a
new
provision
that,
notwithstanding
25
the
requirements
for
granting
visitation
to
a
grandparent
26
or
great-grandparent,
the
court
may
grant
such
visitation
27
if
the
court
finds
by
clear
and
convincing
evidence
that:
28
the
grandparent
or
great-grandparent
has
established
a
29
substantial
relationship
with
the
child
prior
to
the
filing
of
30
the
petition;
the
parent
is
unable
to
provide
evidence
that
31
the
grandparent
or
great-grandparent
is
unfit
to
be
granted
32
visitation
or
that
granting
visitation
will
place
the
child
at
33
risk
of
physical
or
emotional
harm;
the
relationship
between
34
the
grandparent
or
great-grandparent
and
the
parent
has
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