Legal | Finance | Caring | Crisis | Adversity | Learn More

1-800-447-1985

Iowa Concern

 

Do I as a grandparent have any rights regarding visiting my grand children?

The Iowa code currently says that a grandparent may petition for visitation rights when any of the following occur; parents of child are getting divorced, parents have died, child placed in a foster home, a step parent of the child is seeking to adopt the child.  However, recent Iowa cases have struck down several of these subsections as unconstitutional.  A  recent U.S. Supreme Court decision has stated that the law should not interfere with a parent’s fundamental right to raise their child by ordering them to let their child see a grandparent if the parent does not want them to.  This case and recent Iowa cases seem to be shifting to determining that Iowa grandparent visitation laws are not constitutional.  The final answer has not been made yet so if you have a question about this area it is best to call the Hotline to get the latest information regarding this topic.


Reference: Iowa Code §598.35 (2003), Troxel v. Granville, 530 U.S. 57 (2000), Santi v. Santi, 633 N.W.2d 312 (2001), In re Marriage of Howard, 661 N.W.2d 183 (2003).

Author: Iowa Concern Attorney

( Printer Friendly Version)

 

Date last updated: 07/03/2002
Technical issues contact: jvohsman@iastate.edu


isu_wordmark.gif