Santi v. Santi

Summary

The Iowa Supreme Court reviewed Iowa Code section 598.35(7), which authorized court-ordered grandparent visitation when visitation was unreasonably denied and was in the child's best interests. The court held that the statute facially violated article I, sections 8 and 9 of the Iowa Constitution because it permitted intrusion into the decisions of fit parents in an intact family without according those decisions a constitutional presumption or requiring a threshold finding of parental unfitness. The court affirmed dismissal of the grandparents' petition and deemed the parents' cross-appeal moot.

Holdings

1. The decision of fit, married parents in an intact family to oppose visitation by third parties implicates a fundamental parental liberty interest, so Iowa Code section 598.35(7) must be reviewed under strict scrutiny.
2. Iowa Code section 598.35(7) is facially unconstitutional under article I, sections 8 and 9 of the Iowa Constitution because it permits court-ordered grandparent visitation over the joint objection of fit, married parents in an intact nuclear family without first according a presumption favoring the parents' decision-making or requiring a threshold finding of parental unfitness.
3. The court did not decide whether substantive due process independently requires a showing of substantial harm before grandparent visitation may be ordered over parental opposition.

Questions Presented

1. Whether Iowa Code section 598.35(7), which permits court-ordered grandparent visitation when parents unreasonably refuse or restrict visitation and visitation is in the child's best interests, is facially unconstitutional under article I, sections 8 and 9 of the Iowa Constitution.
2. Whether the parental right to decide whether a child may associate with grandparents is a fundamental liberty interest requiring strict scrutiny.
3. Whether the statute advances a sufficiently compelling state interest and is narrowly tailored when it permits judicially ordered visitation over the objection of fit, married parents in an intact family.
4. Whether the parents' cross-appeal remained justiciable after the grandparents' visitation petition was dismissed.

Disposition

affirmed