Custody

A grandparent or great-grandparent can only ask for visitation if:

• the child’s parent died; and
• the person seeking visitation is the parent or grandparent of the deceased parent.¹ 

If the living parent does not agree to visitation, the judge will assume the parent’s decision is in the child’s best interest. However, evidence can be presented to the judge to change his/her 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 often, 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;
  • does not have strong feelings 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 the visits might have 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)