New Law Impacts Iowa Grandparent Visitation Rights
by: Legal Hotline for Older Iowans
The Iowa Supreme Court struck down parts of the Iowa grandparent visitation statute in 2001 and 2003. Ever since, Iowa grandparents have not been able to effectively use Iowa law to make uncooperative parents let them visit their grandchildren.
On July 1, 2007, Chapter 600C of the Iowa Code went into effect. This new law again provides a legal means for Iowa grandparents to try to be able to visit their grandchildren.
To get visitation rights under Iowa Code Chapter 600C.1, a grandparent (or great-grandparent) must clearly and convincingly prove the following:
- A Substantial Relationship with the Grandchild. Based on prior Iowa Supreme Court decisions, this probably means the grandparent would have to show such a strong bond that ending the relationship would harm the grandchild. The relationship may need to be close to a parental one and well beyond a mere helpful and beneficial influence.
- The Custodial Parent is Unfit to Make the Visitation Decision. It is hard to predict the kind of evidence needed to prove this part of the test. One possible way may proving there is no rational reason for the parent being asked to give up temporary control of the child to deny visitation. An example would be where the parent?s decision was to punish the grandparent and not due to concern for the child.
- Visitation is in the Best Interests of the Child. This likely means the grandparent will have to prove that the benefits of visitation to the child and his or her development would far outweigh any possible negative effect. If a parent adequately cares for his or her children, the court will presume the parent?s denial of visitation is in the best interest of the child. The court will consider the parent?s objections to granting visitation. This means it will be harder for the grandparent to prove visitation is in the child?s best interest.
The above tests will be very hard to meet in most cases and parents will likely challenge the constitutionality of this law. A lawsuit can cost a lot. It can take a long time and is almost sure to make a bad relationship worse. It would be wise for grandparents to look at other ways to resolve visitation conflicts. For example, families may want to consider alternative forms of dispute resolution such as mediation. Family counseling or therapy may also be helpful. Grandparents may want to try to maintain relationships by letter writing, phone calls or email. Use of the courts should be a last resort.
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