Custody

A grandparent or great-grandparent can only ask for visitation if the child’s parent died and person seeking visitation is the parent or grandparent of the deceased person.¹ If the child’s parent does not agree to visitation, the judge will assume the parent’s decision is in the child’s best interest but evidence can be presented to the judge to change the judge’s mind. This is what’s known as a “rebuttable presumption.”² The judge can go against the parent’s preference and give visitation to the grandparent or great-grandparent only if the judge believes all of the following are true:

1. Having visits with the grandparent or great-grandparent is in the child’s best interest - see How will a judge decide if grandparent or great-grandparent visitation is in the child’s best interest?;
2. The grandparent or great-grandparent had a substantial relationship with the child before starting the court case - for example:

• The child lived with the grandparent or great-grandparent for at least six months;
• The grandparent or great-grandparent supported the child financially for at least six months; or
• The child visited the grandparent or great-grandparent frequently, including occasionally staying overnight, for at least a year; and

3. The parent opposing visits is not acting in the child’s best interest because either:
   • The parent is unfit to make the decision; or
   • The parent has “impaired judgment” so s/he can’t make a good decision, based on the fact that the parent:
     • has abused, neglected, or been violent to the child;
     • is indifferent to or lacks feeling for the child;
     • is unable or unwilling to put the child’s emotional and physical well-being first;
     • has a substance abuse disorder; or
     • has a mental illness; and
4. The benefit to the child of visiting with the grandparent or great-grandparent greatly outweighs any effect on the parent-child relationship.³

¹ Iowa Code § 600C.1(1)
² Iowa Code § 600C.1(2)
³ Iowa Code § 600C.1(3), (5)