Text: SSB00090 Text: SSB00092 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 598.1, subsection 1, Code 1995, is 1 2 amended to read as follows: 1 3 1. "Best interest of the child" includes, but is not 1 4 limited to, the opportunity for maximum continuous physical 1 5 and emotionalcontactaccess possiblewithby the child to 1 6 both parents, unless direct physical or significant emotional 1 7 harm to the child may result from thiscontactaccess. 1 8 Refusal by one parent to provide this opportunity without just 1 9 cause shall be considered harmful to the best interest of the 1 10 child. A child's access to both parents is a right within the 1 11 meaning of the Constitution of the State of Iowa, article I, 1 12 section 1. 1 13 Sec. 2. Section 598.21, subsection 8, Code 1995, is 1 14 amended by adding the following new paragraphs before 1 15 paragraph k and relettering the subsequent paragraph: 1 16 NEW PARAGRAPH. k. Interference with access by a child to 1 17 a parent. 1 18 NEW PARAGRAPH. l. Changes in the work schedule of a 1 19 parent resulting in a conflict with access by a child to a 1 20 parent. 1 21 Sec. 3. Section 598.23, subsection 2, Code 1995, is 1 22 amended by adding the following new paragraphs: 1 23 NEW PARAGRAPH. c. Directs the parties to exchange the 1 24 child through a neutral party or a neutral site or center. 1 25 NEW PARAGRAPH. d. Imposes sanctions or specific 1 26 requirements, or orders the parties to participate in 1 27 mediation to enforce the joint custody provisions of an order 1 28 or decree. 1 29 Sec. 4. Section 598.41, subsection 1, Code 1995, is 1 30 amended to read as follows: 1 31 1. The court, insofar as is reasonable and in the best 1 32 interest of the child, shall order the custody award, 1 33 including liberal visitation rights where appropriate, which 1 34 will assure the child the opportunity for the maximum 1 35 continuing physical and emotionalcontact withaccess by the 2 1 child to both parents after the parents have separated or 2 2 dissolved the marriage, unless direct physical harm or 2 3 significant emotional harm to the child, other children, or a 2 4 parent is likely to result from suchcontact withaccess by 2 5 the child to one parent, and which will encourage parents to 2 6 share the rights and responsibilities of raising the child. 2 7 The court shall consider the denial by one parent of the 2 8 child's opportunity for maximum continuingcontact withaccess 2 9 by the child to the other parent, without just cause, a 2 10 significant factor in determining the proper custody 2 11 arrangement. Unless otherwise ordered by the court in the 2 12 custody decree, both parents shall have legal access to 2 13 information concerning the child, including but not limited to 2 14 medical, educational and law enforcement records. 2 15 Sec. 5. Section 598.41, Code 1995, is amended by adding 2 16 the following new subsection: 2 17 NEW SUBSECTION. 7. If a custodial parent or parent 2 18 awarded physical care petitions for modification of custody 2 19 based upon the change in residence of the party to a location 2 20 outside of the state, the court shall modify the child custody 2 21 provisions of the decree to preserve, as nearly as the court 2 22 deems possible, the existing relationship between the child 2 23 and the noncustodial parent or parent not awarded physical 2 24 care. If the court finds a history of interference with 2 25 access by a child to the parent, the court may order the 2 26 posting of a cash bond by the other parent to ensure 2 27 compliance with the custody provisions of the decree. 2 28 EXPLANATION 2 29 This bill establishes various provisions regarding access 2 30 or continuing access by a child to the parents of the child 2 31 following a dissolution of marriage. The bill redefines "best 2 32 interest of the child" to include maximum continuing physical 2 33 and emotional access to both parents by the child and 2 34 establishes that access by a child to both parents following a 2 35 dissolution of marriage is an inalienable right under the 3 1 Constitution of the State of Iowa. 3 2 The bill establishes as substantial changes in 3 3 circumstances, which are grounds for modification of a support 3 4 order, interference with access to a parent by a child and 3 5 changes in the work schedule of a parent resulting in a 3 6 conflict with access to the parent by the child. 3 7 The bill also provides that in lieu of citing a person for 3 8 contempt for willfully disobeying a decree or order the court 3 9 may direct the party to exchange the child through a neutral 3 10 party or a neutral site or center or may impose sanctions or 3 11 specific requirements or order the parties to participate in 3 12 mediation to enforce the joint custody provisions of an order 3 13 or decree. 3 14 The bill provides that if a modification of a custody award 3 15 is requested based upon a change in the residence of a 3 16 custodial parent or parent awarded physical care to a location 3 17 outside of the state, the court shall modify the custody award 3 18 to preserve the existing relationship between the child and 3 19 the noncustodial parent or parent not awarded physical care 3 20 and that if there has been a history of access interference in 3 21 the case, the court may order the posting of a cash bond by 3 22 the other parent to ensure access to the child in accordance 3 23 with the award of custody. 3 24 LSB 1901SC 76 3 25 pf/sc/14
Text: SSB00090 Text: SSB00092 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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