Custody

A grandparent or great-grandparent can ask for visitation with the child if the child’s parent died and the deceased parent was the child of the grandparent or the grandchild of the great-grandparent asking for visits.¹

However, the judge must consider if the child’s other parent does not want the child to visit with the grandparent or great-grandparent. The judge will assume the parent’s decision about this is in the child’s best interest unless the parent is unfit or the parent’s judgment is impaired.²

The judge can 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 can’t make a good decision (has impaired judgment), and the benefit to the child of visiting with the grandparent or great-grandparent greatly outweighs any effect on the parent-child relationship. Note: The parent may not be able to make a good decision about this because 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.³

¹ IA ST § 600C.1(1)
² IA ST § 600C.1(2), (3)(c)
³ IA ST § 600C.1(3)