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House Amendment 1335

Amendment Text

PAG LIN
  1  1    Amend House File 612 as follows:
  1  2    #1.  Page 113, by inserting after line 5 the
  1  3 following:
  1  4    "Sec. 101.  Section 598.1, subsections 1, 3, and 5,
  1  5 Code 1997, are amended to read as follows:
  1  6    1.  "Best interest of the child" includes, but is
  1  7 not limited to, the opportunity for the maximum
  1  8 possible continuous physical and emotional contact
  1  9 possible with access by the child to both parents,
  1 10 unless direct physical or significant emotional harm
  1 11 to the child may result from this contact access.
  1 12 Refusal by one parent to provide this opportunity
  1 13 access by the child to the other parent without just
  1 14 cause shall be considered harmful to the best interest
  1 15 of the child.
  1 16    3.  "Joint custody" or "joint legal custody" means
  1 17 an award of legal custody of a minor child to both
  1 18 parents jointly under which both parents have legal
  1 19 custodial rights and responsibilities toward the child
  1 20 and under which neither parent has legal custodial
  1 21 rights superior to those of the other parent.  The
  1 22 court may award physical care to one parent only.
  1 23 Rights and responsibilities of joint legal custody
  1 24 include, but are not limited to, equal participation
  1 25 in decisions affecting the child's legal status,
  1 26 medical care, education, extracurricular activities,
  1 27 third-party child care, and religious instruction.
  1 28    5.  "Physical care" means the right and
  1 29 responsibility to maintain the principal a home of for
  1 30 the minor child and provide for the routine care of
  1 31 the child.
  1 32    Sec. 102.  Section 598.1, Code 1997, is amended by
  1 33 adding the following new subsections:
  1 34    NEW SUBSECTION.  3A.  "Joint physical care" means
  1 35 an award of physical care of a minor child to both
  1 36 joint legal custodial parents under which both parents
  1 37 have rights and responsibilities toward the child
  1 38 including, but not limited to, shared parenting time
  1 39 with the child, maintaining homes for the child,
  1 40 providing routine care for the child and under which
  1 41 neither parent has physical care rights superior to
  1 42 those of the other parent.
  1 43    NEW SUBSECTION.  3B.  "Legal custody" or "custody"
  1 44 means an award of the rights of legal custody of a
  1 45 minor child to a parent under which a parent has legal
  1 46 custodial rights and responsibilities toward the
  1 47 child.  Rights and responsibilities of legal custody
  1 48 include, but are not limited to, decision making
  1 49 affecting the child's legal status, medical care,
  1 50 education, extracurricular activities, third-party
  2  1 child care, and religious instruction."
  2  2    #2.  Page 122, by inserting after line 35 the
  2  3 following:
  2  4    "Sec. 103.  Section 598.41, subsection 1,
  2  5 paragraphs a and c, Code 1997, are amended to read as
  2  6 follows:
  2  7    a.  The court, insofar as is reasonable and in the
  2  8 best interest of the child, shall order the custody
  2  9 award, including liberal visitation rights where
  2 10 appropriate, which will assure the child the
  2 11 opportunity for the maximum possible continuing
  2 12 physical and emotional contact with access to both
  2 13 parents after the parents have separated or dissolved
  2 14 the marriage, and which will encourage parents to
  2 15 share the rights and responsibilities of raising the
  2 16 child unless direct physical harm or significant
  2 17 emotional harm to the child, other children, or a
  2 18 parent is likely to result from such contact with
  2 19 access to one parent.
  2 20    c.  The court shall consider the denial by one
  2 21 parent of the child's opportunity for right to the
  2 22 maximum possible continuing contact with access to the
  2 23 other parent, without just cause, a significant factor
  2 24 in determining the proper custody arrangement.  Just
  2 25 cause may include a determination by the court
  2 26 pursuant to subsection 3, paragraph "j", that a
  2 27 history of domestic abuse exists between the parents.
  2 28    Sec. 104.  Section 598.41, subsection 3, paragraph
  2 29 b, Code 1997, is amended to read as follows:
  2 30    b.  Whether the psychological and emotional needs
  2 31 and development of the child will suffer due to lack
  2 32 of active contact with access to and attention from
  2 33 both parents.
  2 34    Sec. 105.  Section 598.41, subsections 5 and 6,
  2 35 Code 1997, are amended to read as follows:
  2 36    5.  Joint legal custody does not require joint
  2 37 physical care.  When the court determines such action
  2 38 would be in the best interest of preserve the
  2 39 relationship between each parent and the child, joint
  2 40 physical care may be given awarded to both joint
  2 41 custodial parents or physical care may be awarded to
  2 42 one joint custodial parent and not to the other.  If
  2 43 one joint custodial parent is awarded physical care,
  2 44 the court shall hold that parent responsible for
  2 45 providing for the best interest of physical care shall
  2 46 support the other parent's relationship with the
  2 47 child.  However, physical Physical care given awarded
  2 48 to one parent does not affect the other parent's
  2 49 rights and responsibilities as a joint legal custodian
  2 50 of the child.  Rights and responsibilities as joint
  3  1 legal custodian of the child include, but are not
  3  2 limited to, equal participation in decisions affecting
  3  3 the child's legal status, medical care, education,
  3  4 extracurricular activities, third-party child care,
  3  5 and religious instruction.
  3  6    6.  When the a parent awarded legal custody or
  3  7 physical care of the a child cannot act as custodian
  3  8 or caretaker because the parent has died or has been
  3  9 judicially adjudged incompetent, the court shall award
  3 10 legal custody including physical care of the child to
  3 11 the surviving parent unless the court finds that such
  3 12 an award is not in the child's best interest."
  3 13    #3.  Page 124, by inserting after line 13 the
  3 14 following:
  3 15    "Sec.    .  EFFECTIVE DATE.  Sections 101, 102,
  3 16 103, 104, and 105 of this Division XII, being deemed
  3 17 of immediate importance, are effective upon
  3 18 enactment."
  3 19    #4.  By renumbering as necessary.  
  3 20 
  3 21 
  3 22                               
  3 23 MILLAGE of Scott
  3 24 HF 612.505 77
  3 25 pf/jw/28
     

Text: H01334                            Text: H01336
Text: H01300 - H01399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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