Grandparent Visitation

The Iowa Code provides a way for grandparents and great-grandparents to get visitation with their grandchild or great-grandchild when their own child or grandchild (the parent of their grandchild or great-grandchild) is deceased.

The situation might look like this: LaDonna and Kevin had a daughter, Esmerelda. Esmerelda passed away last year, leaving behind a six-year-old son, Billy. Billy’s father, Robert, now has custody of the child, and won’t allow LaDonna and Kevin to see Billy.

While LaDonna and Kevin can request visitation with Billy through the court, they have a challenging road ahead because Robert does not want them to see Billy.

The court must find by clear and convincing evidence that:

1. It is in the best interest of the child to have visitation with the grandparent,
2. The grandparent has established a substantial relationship with the child before filing the petition, and
3. The parent’s judgment has been impaired and the relative benefit to the child of granting visitation greatly outweighs any effect on the parent-child relationship.

The code section gives details on how a parent’s impaired judgment may be shown, factors the court must consider in determining the best interest of the child, and ways in which a substantial relationship may be shown. Iowa Code section 600C.1.