Text: HF00468 Text: HF00470 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 598.41, subsections 1 and 2, Code 1995,
1 2 are amended to read as follows:
1 3 1. The court, insofar as is reasonable and in the best
1 4 interest of the child, shall order the custody award,
1 5 including liberal visitation rights where appropriate, which
1 6 will assure the child the opportunity for the maximum
1 7 continuing physical and emotional contact with both parents
1 8 after the parents have separated or dissolved the marriage,
1 9 unless direct physical harm or significant emotional harm to
1 10 the child, other children, or a parent is likely to result
1 11 from such contact with one parent, and which will encourage
1 12 parents to share the rights and responsibilities of raising
1 13 the child. The court shall consider the denial by one parent
1 14 of the child's opportunity for maximum continuing contact with
1 15 the other parent, without just cause, a significant factor in
1 16 determining the proper custody arrangement. Just cause may
1 17 include a determination by the court pursuant to subsection 3,
1 18 paragraph "i", that a parent has a history of perpetration of
1 19 domestic abuse that will jeopardize the safety of or will
1 20 result in direct physical harm or significant emotional harm
1 21 to the child, other children, or the other parent.
1 22 Additionally, if a parent who is a victim of domestic abuse as
1 23 determined by the court pursuant to subsection 3, paragraph
1 24 "i", relocates or is not present during the determination of
1 25 custody or visitation based upon the fear of or actual acts or
1 26 threats of domestic abuse perpetrated by the other parent, the
1 27 court shall not consider the relocation or absence of that
1 28 parent as a factor against that parent in the awarding of
1 29 custody or visitation to the absent parent. Unless otherwise
1 30 ordered by the court in the custody decree, both parents shall
1 31 have legal access to information concerning the child,
1 32 including but not limited to medical, educational and law
1 33 enforcement records.
1 34 2. On the application of either parent, the court shall
1 35 consider granting joint custody in cases where the parents do
2 1 not agree to joint custody. If the court does not grant joint
2 2 custody under this subsection, the court shall cite clear and
2 3 convincing evidence, pursuant to the factors in subsection 3,
2 4 that joint custody is unreasonable and not in the best
2 5 interest of the child to the extent that the legal custodial
2 6 relationship between the child and a parent should be severed.
2 7 Before ruling upon the joint custody petition in these cases,
2 8 unless the court finds a history of domestic abuse exists
2 9 which is likely to result in direct physical harm or
2 10 significant emotional harm to the child, other children, or a
2 11 parent, the court may require the parties to participate in
2 12 custody mediation counseling to determine whether joint
2 13 custody is in the best interest of the child. The court may
2 14 require the child's participation in the mediation counseling
2 15 insofar as the court determines the child's participation is
2 16 advisable.
2 17 The costs of custody mediation counseling shall be paid in
2 18 full or in part by the parties and taxed as court costs.
2 19 Sec. 2. Section 598.41, subsection 3, paragraph i, Code
2 20 1995, is amended to read as follows:
2 21 i. Whether the safety of the child, other children, or the
2 22 other parent will be jeopardized or whether direct physical
2 23 harm or significant emotional harm to the child, other
2 24 children, or other parent will result by the awarding of joint
2 25 custody or by unsupervised or unrestricted visitation. In
2 26 considering this factor, the court shall consider the history
2 27 of a parent as a perpetrator of domestic abuse, including the
2 28 parent's history of perpetration of acts intended to cause
2 29 pain, injury, or to place the victim in fear of physical
2 30 contact which will be painful, injurious, insulting, or
2 31 offensive coupled with the apparent ability to execute the
2 32 act. Evidence of the parent's history may include
2 33 commencement of an action pursuant to section 236.3, the
2 34 issuance of a protective order against the parent or the
2 35 issuance of a court order or consent agreement pursuant to
3 1 section 236.5, the issuance of an emergency order pursuant to
3 2 section 236.6, the holding of a parent in contempt pursuant to
3 3 section 236.8, the response of a peace officer to the scene of
3 4 alleged domestic abuse or the arrest of a parent following
3 5 response to a report of alleged domestic abuse, or a
3 6 conviction for domestic abuse assault pursuant to section
3 7 708.2A.
3 8 EXPLANATION
3 9 This bill requires the court to consider in the awarding of
3 10 custody and visitation rights to a parent the likelihood of
3 11 direct physical harm or significant emotional harm to the
3 12 child, other children, or a parent as evidenced by the
3 13 perpetration of domestic abuse by that parent. The court is
3 14 instructed to consider the perpetrator's history of causing
3 15 pain or injury or of placing the other parent in fear of pain,
3 16 injury, or acts intended to result in physical contact which
3 17 is insulting or offensive to the other parent coupled with the
3 18 apparent ability to execute the act as established by certain
3 19 evidence described in the bill. The bill also provides that
3 20 if a parent relocates or is not present during the
3 21 determination of the awarding of custody or visitation by the
3 22 court due to the acts of domestic abuse by the other parent,
3 23 the court is not to consider the relocation or absence of the
3 24 parent as a factor weighing against that parent in the
3 25 awarding of custody or visitation.
3 26 LSB 1982YH 76
3 27 pf/jw/5
Text: HF00468 Text: HF00470 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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