Full question:
I live in Cedar Falls. I am a 53-year-old grandmother who has worked at John Deere 32+ years and I am also a Girl Scout leader. My son had a daughter born May 4, 2008. My son and the baby's mother have dated off and on for ten years. They occasionally lived together. His girlfriend has physically abused my son for years hitting and scratching him causing bruises and bleeding. He won't report the incidents; but he has been to the doctor a couple times when his eye was injured. She has also totaled one of his cars in the past. She has also been arrested once for assault in a bar against another woman. A few weeks ago I called the police after she hit and scratched my son. He escaped to my house asking to spend the night. I called the police for help. He would not press charges. Now, she disallows me any visitation with my granddaughter. Do I have any legal rights for visitation? Do I need to prove her an unfit mother? I don't want custody; I just want occasional visitation. The parents have no custody arrangements. They are both on the apartment lease in which he lives. She stays there when she isn't mad at my son. Otherwise, she stays with her grandparents. This is a very stressful and emotional situation. His Iowa tax refund was recently garnished because she received some aid after the baby was born. Because they reconciled, the state required him to repay the monies the state paid to her. I don't want my son to be harmed further by her or for him to be disallowed to see his own daughter, but I would like to see my granddaughter.
- Category: Divorce
- Subcategory: Grandparents Visitation
- Date:
- State: Iowa
Answer:
In Iowa, grandparents can petition for visitation rights under certain circumstances. The court will evaluate the situation based on the best interests of the child. According to Iowa law (Iowa Code § 600C.1), the following points are important: 1. A grandparent may petition for visitation. 2. The court will consider any objections from a fit parent, as there is a presumption that a fit parent's decision to deny visitation is in the child's best interest. 3. To grant visitation, the court must find by clear and convincing evidence that: a. The grandparent has a substantial relationship with the child. b. The parent denying visitation is unfit. c. Granting visitation is in the child's best interest. If there is no existing custody arrangement, the petition should be filed in the county where either parent resides. Notice must be served to all parents involved. Keep in mind that the court does not issue temporary orders for visitation, and attorney fees may be awarded to the prevailing party. For more information about legal templates, users can search for state-specific legal templates at .This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
