Text: SSB00243 Text: SSB00245 Text: SSB00200 - SSB00299 Text: SSB 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 1833SC 76
1 27 mk/jj/8
Text: SSB00243 Text: SSB00245 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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