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PAG LIN
1 1 Section 1. Section 598.41, subsection 1, paragraph b, Code
1 2 1997, is amended to read as follows:
1 3 b. Notwithstanding paragraph "a", if the court finds that
1 4 a history of domestic abuse exists as specified in subsection
1 5 3, paragraph "j", a rebuttable presumption against the
1 6 awarding of joint custody exists.
1 7 Sec. 2. Section 598.41, subsection 3, paragraph j, Code
1 8 1997, is amended to read as follows:
1 9 j. Whether a history of domestic abuse, as defined in
1 10 section 236.2, exists. In determining whether a history of
1 11 domestic abuse exists, the court's consideration shall
1 12 include, but is not limited to, commencement of an action
1 13 pursuant to section 236.3, the issuance of a protective order
1 14 against the parent or the issuance of a court order or consent
1 15 agreement pursuant to section 236.5, the issuance of an
1 16 emergency order pursuant to section 236.6, the holding of a
1 17 parent in contempt pursuant to section 236.8, the response of
1 18 a peace officer to the scene of alleged domestic abuse or the
1 19 arrest of a parent following response to a report of alleged
1 20 domestic abuse, or a conviction for domestic abuse assault
1 21 pursuant to section 708.2A. In reviewing any history of
1 22 domestic abuse to make a determination under this paragraph,
1 23 the court shall also consider any pattern of domestic abuse
1 24 and shall identify the primary physical aggressor, as
1 25 described in section 236.12, subsection 3, in any instance.
1 26 EXPLANATION
1 27 This bill provides that in awarding custody of a child,
1 28 when the court determines if a history of domestic abuse
1 29 exists, the court is also required to consider any pattern of
1 30 domestic abuse and is required to identify the primary
1 31 physical aggressor in any instance. The bill also amends the
1 32 paragraph relating to a rebuttable presumption against the
1 33 awarding of joint custody when a history of domestic abuse
1 34 exists to reference the paragraph relating to the
1 35 determination of domestic abuse by the court.
2 1 LSB 2141HH 77
2 2 pf/sc/14
Text: HF00411 Text: HF00413 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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