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 - Dead) 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
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_____
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withdrawn.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
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