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Text: SF00238                           Text: SF00240
Text: SF00200 - SF00299                 Text: SF Index
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Senate File 239

Partial Bill History

Bill Text

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  1  1    Section 1.  NEW SECTION.  598.7A  DISSOLUTION OF MARRIAGE
  1  2 &endash; MEDIATION.
  1  3    In addition to the custody mediation provided pursuant to
  1  4 section 598.41, unless the court determines that a history of
  1  5 domestic abuse exists as specified in section 598.41,
  1  6 subsection 3, paragraph "j", if enacted by 1995 Iowa Acts,
  1  7 Senate File 150, or unless the court determines that direct
  1  8 physical harm or significant emotional harm to the child,
  1  9 other children, or a parent is likely to result, on the
  1 10 application of either party, or on the court's own motion, the
  1 11 court may require the parties to participate in mediation to
  1 12 attempt to resolve differences between the parties relative to
  1 13 the granting of a marriage dissolution decree, if the court
  1 14 determines that mediation may effectuate a resolution of the
  1 15 differences without court intervention.
  1 16    The costs of mediation shall be paid in full or in part by
  1 17 the parties, as determined by the court and taxed as court
  1 18 costs.
  1 19    Sec. 2.  Section 598.41, subsection 2, Code 1995, is
  1 20 amended to read as follows:
  1 21    2.  On the application of either parent, the court shall
  1 22 consider granting joint custody in cases where the parents do
  1 23 not agree to joint custody.  If the court does not grant joint
  1 24 custody under this subsection, the court shall cite clear and
  1 25 convincing evidence, pursuant to the factors in subsection 3,
  1 26 that joint custody is unreasonable and not in the best
  1 27 interest of the child to the extent that the legal custodial
  1 28 relationship between the child and a parent should be severed.
  1 29 Before ruling upon the joint custody petition in these cases,
  1 30 the court may require the parties to participate in custody
  1 31 mediation counseling to determine whether joint custody is in
  1 32 the best interest of the child.  The court may require the
  1 33 child's participation in the mediation counseling insofar as
  1 34 the court determines the child's participation is advisable.
  1 35    The costs of custody mediation counseling shall be paid in
  2  1 full or in part by the parties and taxed as court costs.  
  2  2 SF 239
  2  3 pf/cc/26
     
Text: SF00238                           Text: SF00240
Text: SF00200 - SF00299                 Text: SF Index
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