Text: HF00293 Text: HF00295 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 598.41, Code 1995, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 4. The court shall not award joint 1 4 custody where the court has made a finding that there is a 1 5 history of domestic abuse, child abuse, or child sexual abuse 1 6 by one parent unless the parent who committed the abuse proves 1 7 by a preponderance of the evidence that the person is no 1 8 longer a danger to other family members. 1 9 If a parent is absent or relocates because of an act of 1 10 domestic abuse, child abuse, or child sexual abuse by the 1 11 other parent, the absence or relocation shall not be a factor 1 12 that is weighed against the parent in determining custody or 1 13 visitation rights. 1 14 EXPLANATION 1 15 This bill provides that the court in a marriage dissolution 1 16 proceeding shall not award joint custody of children to both 1 17 parents if the court finds a history of domestic abuse, child 1 18 abuse, or child sexual abuse by one parent unless that parent 1 19 proves by a preponderance of the evidence that the parent is 1 20 no longer a danger to the other family members. The bill also 1 21 provides that if a parent is absent or relocates due to 1 22 domestic abuse, child abuse, or child sexual abuse by the 1 23 other parent, the absence or relocation shall not be a factor 1 24 that weighs against the parent in determining custody or 1 25 visitation. 1 26 LSB 1833HH 76 1 27 mk/jj/8
Text: HF00293 Text: HF00295 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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