Text: SF00434 Text: SF00436 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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 2141SV 77 2 2 pf/sc/14
Text: SF00434 Text: SF00436 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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