Summary
The Iowa Supreme Court held that Iowa Code section 598.35(3), authorizing grandparent visitation when the deceased parent of the child was the grandparent's child, was unconstitutional under the Due Process Clause. The court also held that a handwritten mediation document providing for visitation was unenforceable because the parent had not voluntarily, knowingly, and intelligently waived constitutional parental rights. The court affirmed the district court's ruling.
Topics
Practice areas
Questions Presented
- Whether Iowa Code section 598.35(3), authorizing court-ordered grandparent visitation when the parent who is the grandparent's child has died, violates the Due Process Clause.
- Whether the handwritten mediation document constituted an enforceable contract granting the grandparents visitation or a valid waiver of the parent's constitutional parental rights.
Holdings
- Iowa Code section 598.35(3) is unconstitutional because it permits state-ordered grandparent visitation over a fit parent's objection without the safeguards required to narrowly tailor an infringement of the parent's fundamental liberty interest in the care, custody, and control of the children.
- The mediation document was unenforceable because, even assuming it constituted a contract, John did not voluntarily, knowingly, and intelligently waive his constitutional parental rights by signing it.
Key quotations
“The overarching principle in our analyses of the grandparent visitation statute is that a parent's "interest in the care, custody, and control of [his] children" is "perhaps the oldest of the fundamental liberty interests recognized by" the United States Supreme Court.” (670 N.W.2d at 132)
“Iowa Code section 598.35(3) is similarly deficient. For this reason, it too "fails to comport with the Due Process Clause on its face," making it unconstitutional.” (670 N.W.2d at 133)
“We believe these standards permit a proper analysis of a potential contractual waiver of constitutional rights and apply them to this case and our examination of the mediation document.” (670 N.W.2d at 134)
Factual background
Arnis and Lucille Lamberts were the maternal grandparents of Robert and Alexis, whose mother died from complications arising from Alexis's birth. After the mother's death, the grandparents initially had extensive contact with John Lillig and the children, but visitation declined as John resumed an independent life and later married Amie. The grandparents petitioned for visitation, and during court-ordered mediation the adults signed a handwritten document providing limited visitation, although the mediation was informal and neither party was represented by counsel.
Procedural history
The Lamberts petitioned for grandparent visitation under Iowa Code section 598.35(3) after their daughter died. The district court granted temporary visitation, held a trial, ordered mediation, and later denied permanent visitation after concluding that subsection (3) was unconstitutional under Santi. The district court also found the mediation document unenforceable for lack of a meeting of the minds. The Supreme Court of Iowa affirmed.