Bill Text: IA SF281 | 2017-2018 | 87th General Assembly | Introduced

Iowa Senate Bill 281 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to grandparent and great-grandparent visitation. (See SF 2247.)

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2018-02-06 - Subcommittee recommends amendment and passage. [SF281 Detail]

Download: Iowa-2017-SF281-Introduced.html


Senate File 281 - Introduced




                                 SENATE FILE       
                                 BY  ZAUN

                                      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 2518XS (3) 87
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PAG LIN



  1  1    Section 1.  Section 600C.1, subsection 1, Code 2017, is
  1  2 amended to read as follows:
  1  3    1.  The grandparent or great=grandparent of a minor child
  1  4 may petition the court for grandchild or great=grandchild
  1  5 visitation when the parent of the minor child, who is the child
  1  6 of the grandparent or the grandchild of the great=grandparent,
  1  7 is deceased.
  1  8    Sec. 2.  Section 600C.1, subsection 3, paragraph b, Code
  1  9 2017, is amended to read as follows:
  1 10    b.  The grandparent or great=grandparent has established a
  1 11 substantial relationship or has made significant reasonable
  1 12 efforts to establish a relationship with the child prior to the
  1 13 filing of the petition.
  1 14                           EXPLANATION
  1 15 The inclusion of this explanation does not constitute agreement with
  1 16 the explanation's substance by the members of the general assembly.
  1 17    This bill relates to grandparent and great=grandparent
  1 18 visitation.
  1 19    Under current law, a grandparent or great=grandparent
  1 20 may only petition the court for visitation of a minor child
  1 21 if the parent of the minor child, who is the child of the
  1 22 grandparent or the grandchild of the great=grandparent, is
  1 23 deceased.  The court may only grant such visitation if the
  1 24 court finds by clear and convincing evidence that granting
  1 25 such visitation is in the best interest of the child, the
  1 26 presumption that the parent of the child is fit to make the
  1 27 decision regarding visitation is overcome, and the grandparent
  1 28 or great=grandparent has established a substantial relationship
  1 29 with the child prior to the filing of the petition.
  1 30    Under the bill, the limitation of requiring that the parent
  1 31 is deceased is eliminated, thereby allowing any grandparent
  1 32 or great=grandparent to petition the court for visitation.
  1 33 Additionally, the bill provides that in determining whether to
  1 34 grant visitation, as an alternative to proving to the court
  1 35 by clear and convincing evidence that the grandparent or
  2  1 great=grandparent has established a substantial relationship
  2  2 with the child prior to filing the petition, the grandparent or
  2  3 great=grandparent must prove by clear and convincing evidence
  2  4 that the grandparent or great=grandparent has made significant
  2  5 reasonable efforts to establish a relationship with the child
  2  6 prior to filing the petition.
       LSB 2518XS (3) 87
       pf/nh