Bill Text: IA SF2247 | 2017-2018 | 87th General Assembly | Introduced

Iowa Senate Bill 2247 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to grandparent and great-grandparent visitation. (Formerly SF 281.)

Sponsorship: Committee Bill

Status: (Engrossed - Dead) 2018-03-13 - Subcommittee Meeting: 03/14/2018 10:00AM House Lounge. [SF2247 Detail]

Download: Iowa-2017-SF2247-Introduced.html


Senate File 2247 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SF 281)

                                      A BILL FOR

  1 An Act relating to grandparent and great=grandparent
  2    visitation.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2518SV (3) 87
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PAG LIN



  1  1    Section 1.  Section 600C.1, Code 2018, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  1A.  If a party  objects to the petition
  1  4 filed under this section, the court shall stay the proceedings
  1  5 and refer the parties to mediation.  If an agreement is reached
  1  6 through mediation, the parties shall file the signed agreement
  1  7 with the court for approval, and the court shall dismiss the
  1  8 petition.  If an agreement is not reached through mediation,
  1  9 the parties shall proceed to a hearing on the petition unless
  1 10 the petition is otherwise dismissed or withdrawn.
  1 11                           EXPLANATION
  1 12 The inclusion of this explanation does not constitute agreement with
  1 13 the explanation's substance by the members of the general assembly.
  1 14    This bill relates to grandparent and great=grandparent
  1 15 visitation.
  1 16    Under current law, a grandparent or great=grandparent
  1 17 may only petition the court for visitation of a minor child
  1 18 if the parent of the minor child, who is the child of the
  1 19 grandparent or the grandchild of the great=grandparent, is
  1 20 deceased.  The court may only grant such visitation if the
  1 21 court finds by clear and convincing evidence that granting
  1 22 such visitation is in the best interest of the child, the
  1 23 presumption that the parent of the child is fit to make the
  1 24 decision regarding visitation is overcome, and the grandparent
  1 25 or great=grandparent has established a substantial relationship
  1 26 with the child prior to the filing of the petition.
  1 27    Under the bill, if a party objects to the petition filed,
  1 28 the court shall stay the proceedings and refer the parties
  1 29 to mediation.  If an agreement is reached through mediation,
  1 30 the parties are required to file the signed agreement with
  1 31 the court for approval and the court is required to dismiss
  1 32 the petition. If the parties do not reach an agreement
  1 33 through mediation, the parties shall proceed to a hearing on
  1 34 the petition unless the petition is otherwise dismissed or
  1 35 withdrawn.
       LSB 2518SV (3) 87
       pf/rh