Bill Text: IA SSB1005 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to grandparent and great-grandparent visitation.

Spectrum: Committee Bill

Status: (Introduced) 2021-01-12 - Subcommittee: Garrett, Bisignano, and Johnson. [SSB1005 Detail]

Download: Iowa-2021-SSB1005-Introduced.html
Senate Study Bill 1005 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) 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 TLSB 1660XC (1) 89 pf/rh
S.F. _____ Section 1. Section 600C.1, Code 2021, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 1A. If a party objects to the petition 3 filed under this section, the court shall stay the proceedings 4 and refer the parties to mediation. If an agreement is reached 5 through mediation, the parties shall file the signed agreement 6 with the court for approval, and the court shall dismiss the 7 petition. If an agreement is not reached through mediation, 8 the parties shall proceed to a hearing on the petition unless 9 the petition is otherwise dismissed or withdrawn. The costs of 10 mediation provided under this subsection shall be borne by the 11 petitioner. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to grandparent and great-grandparent 16 visitation. 17 Under current law, a grandparent or great-grandparent 18 may only petition the court for visitation of a minor child 19 if the parent of the minor child, who is the child of the 20 grandparent or the grandchild of the great-grandparent, is 21 deceased. The court may only grant such visitation if the 22 court finds by clear and convincing evidence that granting 23 such visitation is in the best interest of the child, the 24 presumption that the parent of the child is fit to make the 25 decision regarding visitation is overcome, and the grandparent 26 or great-grandparent has established a substantial relationship 27 with the child prior to the filing of the petition. 28 Under the bill, if a party objects to the petition filed, 29 the court shall stay the proceedings and refer the parties 30 to mediation. If an agreement is reached through mediation, 31 the parties are required to file the signed agreement with 32 the court for approval and the court is required to dismiss 33 the petition. If the parties do not reach an agreement 34 through mediation, the parties shall proceed to a hearing on 35 -1- LSB 1660XC (1) 89 pf/rh 1/ 2
S.F. _____ the petition unless the petition is otherwise dismissed or 1 withdrawn. 2 The costs of mediation provided shall be borne by the 3 petitioner. 4 -2- LSB 1660XC (1) 89 pf/rh 2/ 2
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