House File 126 - Introduced HOUSE FILE 126 BY ANDERSON , STAED , KACENA , HANSON , HUNTER , STECKMAN , LENSING , WINCKLER , GASKILL , and McCONKEY A BILL FOR An Act requiring a court to consider the statement of a 1 child, who is the subject of a child custody determination, 2 regarding the custody arrangement. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1768HH (4) 87 pf/nh

H.F. 126 Section 1. Section 598.41, subsection 2, paragraph d, Code 1 2017, is amended to read as follows: 2 d. Before ruling upon the joint custody petition in these 3 cases, unless the court determines that a history of domestic 4 abuse exists as specified in subsection 3 , paragraph “j” , 5 or unless the court determines that direct physical harm or 6 significant emotional harm to the child, other children, or a 7 parent is likely to result, the court may require the parties 8 to participate in custody mediation to determine whether 9 joint custody is in the best interest of the child. The 10 court shall consider the statement of the child, who is the 11 subject of the child custody mediation, regarding the custody 12 arrangement. The child’s statement may be provided orally, 13 during an in-camera hearing, or submitted in writing by the 14 mediator. The court may require the child’s participation 15 in the mediation insofar as the court determines the child’s 16 participation is advisable. 17 Sec. 2. Section 598.41, subsection 3, paragraph f, Code 18 2017, is amended to read as follows: 19 f. Whether the custody arrangement is in accord with the 20 child’s wishes or whether the child has strong opposition, 21 taking into consideration the child’s age and maturity. In 22 determining the child’s wishes or strong opposition regarding 23 the custody arrangement, the court shall consider the child’s 24 statement regarding the child’s wishes or strong opposition. 25 The child’s statement may be provided to the court orally, in 26 open court or in-camera, or submitted to the court in writing. 27 Sec. 3. Section 598.41, subsection 8, Code 2017, is amended 28 to read as follows: 29 8. If an application for modification of a decree or 30 a petition for modification of an order is filed, based 31 upon differences between the parents regarding the custody 32 arrangement established under the decree or order, unless the 33 court determines that a history of domestic abuse exists as 34 specified in subsection 3 , paragraph “j” , or unless the court 35 -1- LSB 1768HH (4) 87 pf/nh 1/ 3

H.F. 126 determines that direct physical harm or significant emotional 1 harm to the child, other children, or a parent is likely to 2 result, the court may require the parents to participate in 3 mediation to attempt to resolve the differences between the 4 parents. The court shall consider the statement of a child, 5 who is the subject of the child custody mediation, regarding 6 the custody arrangement. The child’s statement may be provided 7 orally, during an in-camera hearing, or submitted in writing by 8 the mediator. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill requires the court to consider the statement of a 13 child, who is the subject of a custody determination, regarding 14 the child custody arrangement. 15 The bill requires that before ruling on a joint custody 16 petition in cases in which a parent applies for joint custody 17 but the parents do not agree to joint custody and the parents 18 are required to participate in custody mediation, the court 19 is to consider the statement of the child who is the subject 20 of the child custody mediation. The child’s statement may be 21 provided orally, during an in-camera hearing, or submitted in 22 writing by the mediator. 23 The bill also requires that in determining the custody 24 arrangement that is in the best interest of the child in cases 25 in which a parent applies for joint custody but the parents do 26 not agree to joint custody, in considering whether the custody 27 arrangement is in accord with the child’s wishes or whether 28 the child has strong opposition, the court shall consider the 29 child’s statement. The statement may be provided to the court 30 orally, in open court or in-camera, or submitted to the court 31 in writing. 32 The bill provides that if an application for modification 33 of a decree or a petition for modification of an order is 34 filed, based upon differences between the parents regarding 35 -2- LSB 1768HH (4) 87 pf/nh 2/ 3

H.F. 126 the custody arrangement established under the decree or order, 1 and if the parents are required to participate in mediation to 2 attempt to resolve the differences between the parents, the 3 court shall consider the statement of the child, who is the 4 subject of the child custody mediation, regarding the custody 5 arrangement. The statement may be provided orally, during an 6 in-camera hearing, or submitted in writing by the mediator. 7 -3- LSB 1768HH (4) 87 pf/nh 3/ 3