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House Journal: Page 1794: Thursday, April 20, 1995

19   as determined by a court pursuant to subsection 3,
20   paragraph "j", and if a parent who is a victim of such
21   domestic abuse relocates or is not present during the
22   determination of custody or visitation based upon the
23   fear of or actual acts or threats of domestic abuse
24   perpetrated by the other parent, the court shall not
25   consider the relocation or absence of that parent as a
26   factor against that parent in the awarding of custody
27   or visitation to the absent parent.
28     e.    Unless otherwise ordered by the court in the
29   custody decree, both parents shall have legal access
30   to information concerning the child, including but not
31   limited to medical, educational and law enforcement
32   records.
33     2.  a.  On the application of either parent, the
34   court shall consider granting joint custody in cases
35   where the parents do not agree to joint custody.
36     b.  If the court does not grant joint custody under
37   this subsection, the court shall cite clear and
38   convincing evidence, pursuant to the factors in
39   subsection 3, that joint custody is unreasonable and
40   not in the best interest of the child to the extent
41   that the legal custodial relationship between the
42   child and a parent should be severed.
43     c.  A finding by the court of credible evidence of
44   domestic abuse, as specified in subsection 3,
45   paragraph "j", which is not rebutted, shall outweigh
46   consideration of any other factor specified in
47   subsection 3 in determination of the awarding of
48   custody under this subsection.
49     d.  Before ruling upon the joint custody petition
50   in these cases, unless the court determines that

Page 5

 1   credible evidence exists of domestic abuse as
 2   specified in subsection 3, paragraph "j", or unless
 3   the court determines that direct physical harm or
 4   significant emotional harm to the child, other
 5   children, or a parent is likely to result, the court
 6   may require the parties to participate in custody
 7   mediation counseling to determine whether joint
 8   custody is in the best interest of the child.  The
 9   court may require the child's participation in the
10   mediation counseling insofar as the court determines
11   the child's participation is advisable.
12     e.  The costs of custody mediation counseling shall
13   be paid in full or in part by the parties and taxed as
14   court costs.
15     Sec. ___.  Section 598.41, subsection 3, Code 1995,
16   is amended by adding the following new paragraph:
17     NEW PARAGRAPH.  j.  Whether credible evidence of
18   domestic abuse exists.  In determining whether
19   credible evidence exists under this paragraph, the

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/76GA/Session.1/HJournal/01700/01794.html
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