Legal Question in Family Law in Iowa

It took me a while to get to this, sorry.

It is possible to establish visiting rights under Iowa Code section 600C, but it is an uphill battle in view of In re Howard, 661 N.W.2d 183 (Iowa 2003) which invalidated the previous statute. You would have to establish by clear and convincing evidence that there is a substantial relationship between you and the child, that the custodial parent is unfit to make the decision, and that visitation would be in the best interests of the child.

Here is the text of the statute.

600C.1 GRANDPARENT AND GREAT-GRANDPARENT

VISITATION.

1. The grandparent or great-grandparent of a minor child may

petition the court for grandchild or great-grandchild visitation.

2. The court shall consider a fit parent's objections to granting

visitation under this section. A rebuttable presumption arises that

a fit parent's decision to deny visitation to a grandparent or

great-grandparent is in the best interest of a minor child.

3. The court may grant visitation to the grandparent or

great-grandparent if the court finds all of the following by clear

and convincing evidence:

a. The grandparent or great-grandparent has established a

substantial relationship with the child prior to the filing of the

petition.

b. The parent who is being asked to temporarily relinquish

care, custody, and control of the child to provide visitation is

unfit to make the decision regarding visitation.

c. It is in the best interest of the child to grant such

visitation.

4. For the purposes of this section, "court" means the

district court or the juvenile court if that court currently has

jurisdiction over the child in a pending action. If an action is not

pending, the district court has jurisdiction.

5. Notwithstanding any provision of this chapter to the contrary,

venue for any action to establish, enforce, or modify visitation

under this section shall be in the county where either parent resides

if no final custody order determination relating to the grandchild or

great-grandchild has been entered by any other court. If a final

custody order has been entered by any other court, venue shall be

located exclusively in the county where the most recent final custody

order was entered. If any other custodial proceeding is pending when

an action to establish, enforce, or modify visitation under this

section is filed, venue shall be located exclusively in the county

where the pending custodial proceeding was filed.

6. Notice of any proceeding to establish, enforce, or modify

visitation under this section shall be personally served upon all

parents of a child whose interests are affected by a proceeding

brought pursuant to this section and all grandparents or

great-grandparents who have previously obtained a final order or

commenced a proceeding under this section.

7. The court shall not enter any temporary order to establish,

enforce, or modify visitation under this section.

8. An action brought under this section is subject to chapter

598B, and in an action brought to establish, enforce, or modify

visitation under this section, each party shall submit in its first

pleading or in an attached affidavit all information required by

section 598B.209.

9. In any action brought to establish, enforce, or modify

visitation under this section, the court may award attorney fees to

the prevailing party in an amount deemed reasonable by the court.

10. If a proceeding to establish or enforce visitation under this

section is commenced when a dissolution of marriage proceeding is

pending concerning the parents of the affected minor child, the

record and evidence of the dissolution action shall remain impounded

pursuant to section 598.26. The impounded information shall not be

released or otherwise made available to any person who is not the

petitioner or respondent or an attorney of record in the dissolution

of marriage proceeding. Access to the impounded information by the

attorney of record for the grandparent or great-grandparent shall be

limited to only that information relevant to the grandparent's or

great-grandparent's request for visitation.