When do grandparents or other relatives have custody or visitation rights?

In Iowa, grandparents and great-grandparents may petition the court for rights of visitation of a minor child. The court will consider a fit parent’s objections to visitation by a grandparent or great-grandparent and there will be a “rebuttable presumption” that a parent’s decision to deny visitation to a grandparent or great-grandparent is in the best interests of the minor child. This means that although the court will presume the fit parent is the best judge of what is in the best interests of the child, the grandparent or great-grandparent can overcome the court’s initial presumption by proving through convincing argument how the grandparent’s/great-grandparent’s visitation is indeed in the best interests of the minor child. The court’s focus is entirely on the child’s best interests, and not on the interests of the adults, in determining visitation.

If the court finds all of the following by clear and convincing evidence, it may grant visitation by a grandparent/great-grandparent:

Jurisdiction: The court hearing this issue will be either the district court or the juvenile court.

Venue (Location): The hearing regarding visitation will be held in the county in which the most recent final order was issued, or if no final order has been issued, where either parent resides.

Notice: Notice of all proceedings to establish, enforce, or modify visitation by grandparents/great-grandparents will be served on all parents whose interests are potentially affected

Attorneys’ Fees: The court may award reasonable attorneys’ fees to the prevailing party in an action by a grandparent/great-grandparent to establish, enforce, or modify visitation with a minor child.