Text: SF02392 Text: SF02394 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 598.1, Code Supplement 1997, is amended 1 2 to read as follows: 1 3 598.1 DEFINITIONS. 1 4 As used in this chapter: 1 5 1. "Best interest of the child" includes, but is not 1 6 limited to, the opportunity for maximum continuous physical 1 7 and emotional contact possible with both parents, unless 1 8 direct physical or significant emotional harm to the child may 1 9 result from this contact. Refusal by one parent to provide 1 10 this opportunity without just cause shall be considered 1 11 harmful to the best interest of the child. 1 12 2. "Dissolution of marriage" means a termination of the 1 13 marriage relationship and shall be synonymous with the term 1 14 "divorce". 1 15 3."Joint custody" or "joint legal custody""Joint 1 16 parenting obligations" means an award oflegal custody of1 17 parenting obligations regarding a minor child to both parents 1 18 jointly under which both parents havelegal custodialrights 1 19 and responsibilities toward the child and under which neither 1 20 parent haslegal custodialrights superior to those of the 1 21 other parent. Rights and responsibilities of jointlegal1 22custodyparenting obligations include, but are not limited to, 1 23 equal participation in decisions affecting the child's legal 1 24 status, medical care, education, extracurricular activities, 1 25 and religious instruction. 1 26 4. "Joint physical care" means an award of physical care 1 27 of a minor child to bothjoint legal custodialparents under 1 28 which both parents have rights and responsibilities toward the 1 29 child including, but not limited to, shared parenting time 1 30 with the child, maintaining homes for the child, providing 1 31 routine care for the child and under which neither parent has 1 32 physical care rights superior to those of the other parent. 1 335. "Legal custody" or "custody" means an award of the1 34rights of legal custody of a minor child to a parent under1 35which a parent has legal custodial rights and responsibilities2 1toward the child. Rights and responsibilities of legal2 2custody include, but are not limited to, decision making2 3affecting the child's legal status, medical care, education,2 4extracurricular activities, and religious instruction.2 56.5. "Minor child" means any person under legal age. 2 6 6. "Parent" includes a third party with parenting 2 7 obligations and authority to participate in a parenting plan. 2 8 7. "Parenting obligations" means an award under which a 2 9 parent has rights and responsibilities toward the minor child. 2 10 The rights and responsibilities include, but are not limited 2 11 to, decision making affecting the child's legal status, 2 12 medical care, education, extracurricular activities, and 2 13 religious instruction. 2 147.8. "Physical care" means the right and responsibility 2 15 to maintain a home for the minor child and provide for the 2 16 routine care of the child. 2 178.9. "Postsecondary education subsidy" means an amount 2 18 which either of the parties may be required to pay under a 2 19 temporary order or final judgment or decree for educational 2 20 expenses of a child who is between the ages of eighteen and 2 21 twenty-two years if the child is regularly attending a course 2 22 of vocational-technical training either as a part of a regular 2 23 school program or under special arrangements adapted to the 2 24 individual person's needs; or is, in good faith, a full-time 2 25 student in a college, university, or community college; or has 2 26 been accepted for admission to a college, university, or 2 27 community college and the next regular term has not yet begun. 2 289.10. "Support" or "support payments" means an amount 2 29 which the court may require either of the parties to pay under 2 30 a temporary order or a final judgment or decree, and may 2 31 include alimony, child support, maintenance, and any other 2 32 term used to describe these obligations. For orders entered 2 33 on or after July 1, 1990, unless the court specifically orders 2 34 otherwise, medical support is not included in the monetary 2 35 amount of child support. The obligations shall include 3 1 support for a child who is between the ages of eighteen and 3 2 nineteen years who is engaged full-time in completing high 3 3 school graduation or equivalency requirements in a manner 3 4 which is reasonably expected to result in completion of the 3 5 requirements prior to the person reaching nineteen years of 3 6 age; and may include support for a child of any age who is 3 7 dependent on the parties to the dissolution proceedings 3 8 because of physical or mental disability. 3 9 Sec. 2. Section 598.5, subsection 9, Code Supplement 1997, 3 10 is amended to read as follows: 3 11 9. Set forth any application for permanent alimony or 3 12 support,child custodyparenting obligations, or disposition 3 13 of property, as well as attorneys' fees and suit money, 3 14 without enumerating the amounts thereof. 3 15 Sec. 3. Section 598.7A, unnumbered paragraph 1, Code 1997, 3 16 is amended to read as follows: 3 17 In addition to thecustodyparenting obligations mediation 3 18 provided pursuant to section 598.41, unless the court 3 19 determines that a history of domestic abuse exists as 3 20 specified in section 598.41, subsection 3, paragraph "j", or 3 21 unless the court determines that direct physical harm or 3 22 significant emotional harm to the child, other children, or a 3 23 parent is likely to result, or unless the action involves a 3 24 child support or medical support obligation enforced by the 3 25 child support recovery unit, on the application of either 3 26 party or on the court's own motion, the court shall determine 3 27 in each domestic relations proceeding or modification of any 3 28 order relating to those proceedings whether the parties to the 3 29 proceeding shall participate in mediation to attempt to 3 30 resolve differences between the parties without court 3 31 intervention. The court may order participation in mediation 3 32 at any time prior to the entering of a final order or the 3 33 granting of a final decree. 3 34 Sec. 4. Section 598.8, subsection 1, Code 1997, is amended 3 35 to read as follows: 4 1 1. Except as otherwise provided in subsection 2, hearings 4 2 for dissolution of marriage shall be held in open court upon 4 3 the oral testimony of witnesses, or upon the depositions of 4 4 such witnesses taken as in other equitable actions or taken by 4 5 a commissioner appointed by the court. The court may in its 4 6 discretion close the hearing. Hearings held for the purpose 4 7 of determiningchild custodyparenting obligations may be 4 8 limited in attendance by the court. Upon request of either 4 9 party, the court shall provide security in the courtroom 4 10 during thecustodyparenting obligations hearing if a history 4 11 of domestic abuse relating to either party exists. 4 12 Sec. 5. Section 598.11, unnumbered paragraph 1, Code 1997, 4 13 is amended to read as follows: 4 14 The court may order either party to pay the clerk a sum of 4 15 money for the separate support and maintenance of the other 4 16 party and the children and to enable such party to prosecute 4 17 or defend the action. The court may on its own motion and 4 18 shall upon application of either party or an attorney 4 19 appointed under section 598.12 determine the temporarycustody4 20ofparenting obligations regarding any minor child whose 4 21 welfare may be affected by the filing of the petition for 4 22 dissolution. 4 23 Sec. 6. Section 598.12, subsection 2, Code 1997, is 4 24 amended to read as follows: 4 25 2. The court may require that the department of human 4 26 services or an appropriate agency make an investigation of 4 27 both parties regarding the home conditions, parenting 4 28 capabilities, and other matters pertinent to the best 4 29 interests of the child or children in a dispute concerning 4 30custody ofparenting obligations regarding the child or 4 31 children. The investigation report completed by the 4 32 department of human services or an appropriate agency shall be 4 33 submitted to the court and available to both parties. The 4 34 investigation report completed by the department of human 4 35 services or an appropriate agency shall be a part of the 5 1 record unless otherwise ordered by the court. 5 2 Sec. 7. Section 598.19A, subsection 1, Code 1997, is 5 3 amended to read as follows: 5 4 1. The parties to any action which involves the issues of 5 5child custodyparenting obligations or visitation shall 5 6 participate in a court-approved course to educate and 5 7 sensitize the parties to the needs of any child or party 5 8 during and subsequent to the proceeding within forty-five days 5 9 of the service of notice and petition for the action or within 5 10 forty-five days of the service of notice and application for 5 11 modification of an order. Participation in the course may be 5 12 waived or delayed by the court for good cause including, but 5 13 not limited to, a default by any of the parties. 5 14 Participation in the course is not required if the proceeding 5 15 involves termination of parental rights of any of the parties. 5 16 A final decree shall not be granted or a final order shall not 5 17 be entered until the parties have complied with this section. 5 18 Sec. 8. Section 598.21, subsection 1, paragraph g, Code 5 19 Supplement 1997, is amended to read as follows: 5 20 g. Thedesirability ofawarding of the family home or the 5 21 right to live in the family home for a reasonable period to 5 22thea partyhaving custody of the children, or if the parties5 23have joint legal custody, to the party having physical care of5 24the childrenbased upon the parenting obligations of the 5 25 party. 5 26 Sec. 9. Section 598.21, subsection 3, paragraph e, Code 5 27 Supplement 1997, is amended to read as follows: 5 28 e. The earning capacity of the party seeking maintenance, 5 29 including educational background, training, employment skills, 5 30 work experience, length of absence from the job market, 5 31 responsibilities for children undereitheran award ofcustody5 32or physical careparenting obligations, and the time and 5 33 expense necessary to acquire sufficient education or training 5 34 to enable the party to find appropriate employment. 5 35 Sec. 10. Section 598.21, subsection 4, paragraph d, Code 6 1 Supplement 1997, is amended to read as follows: 6 2 d. For purposes of calculating a support obligation under 6 3 this section, the income of the parent from whom support is 6 4 sought shall be used as the noncustodial parent income for 6 5 purposes of application of the guidelines, regardless of the 6 6legal custody of the childparenting obligations awarded. 6 7 Sec. 11. Section 598.21, subsection 6, Code Supplement 6 8 1997, is amended to read as follows: 6 9 6. The court may provide for jointcustody of the children6 10by the partiesparenting obligations pursuant to section 6 11 598.41. All orders relating tocustody of a childparenting 6 12 obligations are subject to chapter 598A. 6 13 Sec. 12. Section 598.21, subsection 8, unnumbered 6 14 paragraph 2, Code Supplement 1997, is amended to read as 6 15 follows: 6 16 Unless otherwise provided pursuant to 28 U.S.C. } 1738B, a 6 17 modification of a support order entered under chapter 234, 6 18 252A, 252C, 600B, this chapter, or any other support chapter 6 19 or proceeding between parties to the order is void unless the 6 20 modification is approved by the court, after proper notice and 6 21 opportunity to be heard is given to all parties to the order, 6 22 and entered as an order of the court. If support payments 6 23 have been assigned to the department of human services 6 24 pursuant to section 234.39, 239B.6, or 252E.11, or if services 6 25 are being provided pursuant to chapter 252B, the department is 6 26 a party to the support order. Modifications of orders 6 27 pertaining tochild custodyparenting obligations shall be 6 28 made pursuant to chapter 598A. If the petition for a 6 29 modification of an order pertaining tochild custodyparenting 6 30 obligations asks either for jointcustodyparenting 6 31 obligations or that jointcustodyparenting obligations be 6 32 modified to an award of solecustodyparenting obligations, 6 33 the modification, if any, shall be made pursuant to section 6 34 598.41. 6 35 Sec. 13. Section 598.21, subsection 8A, Code Supplement 7 1 1997, is amended to read as follows: 7 2 8A. If a parent awarded jointlegal custodyparenting 7 3 obligations and physical care or solelegal custodyparenting 7 4 obligations is relocating the residence of the minor child to 7 5 a location which is one hundred fifty miles or more from the 7 6 residence of the minor child at the time thatcustody was7 7 parenting obligations were awarded, the court may consider the 7 8 relocation a substantial change in circumstances. If the 7 9 court determines that the relocation is a substantial change 7 10 in circumstances, the court shall modify thecustodyparenting 7 11 obligations order to, at a minimum, preserve, as nearly as 7 12 possible, the existing relationship between the minor child 7 13 and the nonrelocating parent. If modified, the order may 7 14 include a provision for extended visitation during summer 7 15 vacations and school breaks and scheduled telephone contact 7 16 between the nonrelocating parent and the minor child. The 7 17 modification may include a provision assigning the 7 18 responsibility for transportation of the minor child for 7 19 visitation purposes to either or both parents. If the court 7 20 makes a finding of past interference by the relocating parent 7 21awarded joint legal custody and physical care or sole legal7 22custodywith the minor child's access to the other parent, the 7 23 court may order the posting of a cash bond to assure future 7 24 compliance with the visitation provisions of the decree. The 7 25 supreme court shall prescribe guidelines for the forfeiting of 7 26 the bond and restoration of the bond following forfeiting of 7 27 the bond. 7 28 Sec. 14. Section 598.21, subsection 10, Code Supplement 7 29 1997, is amended to read as follows: 7 30 10. Notwithstanding any other provision of law to the 7 31 contrary, when an application for modification or adjustment 7 32 of support is submitted by the child support recovery unit, 7 33 the sole issues which may be considered by the court in that 7 34 action are the application of the guidelines in establishing 7 35 the amount of support pursuant to subsection 4, and provision 8 1 for medical support under chapter 252E. When an application 8 2 for a cost-of-living alteration of support is submitted by the 8 3 child support recovery unit pursuant to section 252H.24, the 8 4 sole issue which may be considered by the court in the action 8 5 is the application of the cost-of-living alteration in 8 6 establishing the amount of child support. Issues related to 8 7custodyparenting obligations, visitation, or other provisions 8 8 unrelated to support shall be considered only under a separate 8 9 application for modification. 8 10 Sec. 15. Section 598.23, subsection 2, paragraphs b and d, 8 11 Code Supplement 1997, are amended to read as follows: 8 12 b. Modifies visitation to compensate for lost visitation 8 13 time or establishes jointcustodyparenting obligations for 8 14 the child or transferscustodyparenting obligations. 8 15 d. Imposes sanctions or specific requirements or orders 8 16 the parties to participate in mediation to enforce the joint 8 17custodyparenting obligations provisions of the decree. 8 18 Sec. 16. Section 598.25, unnumbered paragraph 1, Code 8 19 1997, is amended to read as follows: 8 20 Whenever a proceeding is initiated in a court for adoption 8 21 involving the children of parents or guardians whose marriage 8 22 has been dissolved, or for modification of a judgment of 8 23 alimony, child support, orcustodyparenting obligations 8 24 granted in an action for dissolution of marriage, the 8 25 following requirements must be met if such proceedings are 8 26 initiated in a court other than the court which granted the 8 27 dissolution decree. 8 28 Sec. 17. Section 598.35, subsections 5, 6, and 7, Code 8 29 Supplement 1997, are amended to read as follows: 8 30 5. The parents of the child are divorced, and the parent 8 31 who is not the child of the grandparent or who is not the 8 32 grandchild of the great-grandparent haslegal custody of8 33 parenting obligations regarding the child, and the spouse of 8 34 the child'scustodialother parent has been issued a final 8 35 adoption decree pursuant to section 600.13. 9 1 6. The paternity of a child born out of wedlock is 9 2 judicially established and the grandparent of the child is the 9 3 parent of the father of the child or the great-grandparent of 9 4 the child is the grandparent of the father of the child and 9 5 the mother of the child hascustody ofparenting obligations 9 6 regarding the child, or the grandparent of a child born out of 9 7 wedlock is the parent of the mother of the child or the great- 9 8 grandparent of the child is the grandparent of the mother of 9 9 the child andcustody hasparenting obligations have been 9 10 awarded to the father of the child. 9 11 7. A parent of the child unreasonably refuses to allow 9 12 visitation by the grandparent or great-grandparent or 9 13 unreasonably restricts visitation. This subsection applies to 9 14 but is not limited in application to a situation in which the 9 15 parents of the child are divorced and the parent who is the 9 16 child of the grandparent or who is the grandchild of the 9 17 great-grandparent haslegal custody ofparenting obligations 9 18 regarding the child. 9 19 Sec. 18. Section 598.41, Code Supplement 1997, is amended 9 20 to read as follows: 9 21 598.41CUSTODY OFPARENTING OBLIGATIONS REGARDING 9 22 CHILDREN. 9 23 1. a. The court, insofar as is reasonable and in the best 9 24 interest of the child, shall order thecustodyparenting 9 25 obligations award, including liberal visitation rights where 9 26 appropriate, which will assure the child the opportunity for 9 27 the maximum continuing physical and emotional contact with 9 28 both parents after the parents have separated or dissolved the 9 29 marriage, and which will encourage parents to share the rights 9 30 and responsibilities of raising the child unless direct 9 31 physical harm or significant emotional harm to the child, 9 32 other children, or a parent is likely to result from such 9 33 contact with one parent. 9 34 b. Notwithstanding paragraph "a", if the court finds that 9 35 a history of domestic abuse exists, a rebuttable presumption 10 1 against the awarding of jointcustodyparenting obligations 10 2 exists. 10 3 c. The court shall consider the denial by one parent of 10 4 the child's opportunity for maximum continuing contact with 10 5 the other parent, without just cause, a significant factor in 10 6 determining the propercustodyparenting obligations 10 7 arrangement. Just cause may include a determination by the 10 8 court pursuant to subsection 3, paragraph "j", that a history 10 9 of domestic abuse exists between the parents. 10 10 d. If a history of domestic abuse exists as determined by 10 11 a court pursuant to subsection 3, paragraph "j", and if a 10 12 parent who is a victim of such domestic abuse relocates or is 10 13 absent from the home based upon the fear of or actual acts or 10 14 threats of domestic abuse perpetrated by the other parent, the 10 15 court shall not consider the relocation or absence of that 10 16 parent as a factor against that parent in the awarding of 10 17custodyparenting obligations or visitation. 10 18 e. Unless otherwise ordered by the court in thecustody10 19 parenting obligations decree, both parents shall have legal 10 20 access to information concerning the child, including but not 10 21 limited to medical, educational and law enforcement records. 10 22 2. a. On the application of either parent, the court shall 10 23 consider granting jointcustodyparenting obligations in cases 10 24 where the parents do not agree to jointcustodyparenting 10 25 obligations. 10 26 b. If the court does not grant jointcustodyparenting 10 27 obligations under this subsection, the court shall cite clear 10 28 and convincing evidence, pursuant to the factors in subsection 10 29 3, that jointcustody isparenting obligations are 10 30 unreasonable and not in the best interest of the child to the 10 31 extent that thelegal custodialrelationship between the child 10 32 and a parent should be severed. 10 33 c. A finding by the court that a history of domestic abuse 10 34 exists, as specified in subsection 3, paragraph "j", which is 10 35 not rebutted, shall outweigh consideration of any other factor 11 1 specified in subsection 3 in the determination of the awarding 11 2 ofcustodyparenting obligations under this subsection. 11 3 d. Before ruling upon the jointcustodyparenting 11 4 obligations petition in these cases, unless the court 11 5 determines that a history of domestic abuse exists as 11 6 specified in subsection 3, paragraph "j", or unless the court 11 7 determines that direct physical harm or significant emotional 11 8 harm to the child, other children, or a parent is likely to 11 9 result, the court may require the parties to participate in 11 10custodyparenting obligations mediation to determine whether 11 11 jointcustody isparenting obligations are in the best 11 12 interest of the child. The court may require the child's 11 13 participation in the mediation insofar as the court determines 11 14 the child's participation is advisable. 11 15 e. The costs ofcustodyparenting obligations mediation 11 16 shall be paid in full or in part by the parties and taxed as 11 17 court costs. 11 18 3. In considering whatcustodyparenting obligations 11 19 arrangement under subsection 2 is in the best interest of the 11 20 minor child, the court shall consider the following factors: 11 21 a. Whether each parent wouldbe a suitable custodian for11 22 suitably fulfill parenting obligations regarding the child. 11 23 b. Whether the psychological and emotional needs and 11 24 development of the child will suffer due to lack of active 11 25 contact with and attention from both parents. 11 26 c. Whether the parents can communicate with each other 11 27 regarding the child's needs. 11 28 d. Whether both parents have actively cared for the child 11 29 before and since the separation. 11 30 e. Whether each parent can support the other parent's 11 31 relationship with the child. 11 32 f. Whether thecustodyparenting obligation arrangement is 11 33 in accord with the child's wishes or whether the child has 11 34 strong opposition, taking into consideration the child's age 11 35 and maturity. 12 1 g. Whether one or both of the parents agree or are opposed 12 2 to jointcustodyparenting obligations. 12 3 h. The geographic proximity of the parents. 12 4 i. Whether the safety of the child, other children, or the 12 5 other parent will be jeopardized by the awarding of joint 12 6custodyparenting obligations or by unsupervised or 12 7 unrestricted visitation. 12 8 j. Whether a history of domestic abuse, as defined in 12 9 section 236.2, exists. In determining whether a history of 12 10 domestic abuse exists, the court's consideration shall 12 11 include, but is not limited to, commencement of an action 12 12 pursuant to section 236.3, the issuance of a protective order 12 13 against the parent or the issuance of a court order or consent 12 14 agreement pursuant to section 236.5, the issuance of an 12 15 emergency order pursuant to section 236.6, the holding of a 12 16 parent in contempt pursuant to section 236.8, the response of 12 17 a peace officer to the scene of alleged domestic abuse or the 12 18 arrest of a parent following response to a report of alleged 12 19 domestic abuse, or a conviction for domestic abuse assault 12 20 pursuant to section 708.2A. 12 21 4. Subsection 3 shall not apply when parents agree to 12 22 jointcustodyparenting obligations. 12 23 5. Joint physical care may be in the best interest of the 12 24 child, but an award of jointlegal custodyparenting 12 25 obligations does not require joint physical care. When the 12 26 court determines such action would be in the best interest of 12 27 the child and would preserve the relationship between each 12 28 parent and the child, joint physical care may be awarded to 12 29 bothjoint custodialparents or physical care may be awarded 12 30 to onejoint custodialparent. If onejoint custodialparent 12 31 is awarded physical care, the parent responsible for providing 12 32 physical care shall support the other parent's relationship 12 33 with the child. Physical care awarded to one parent does not 12 34 affect the other parent's rights and responsibilitiesas ain 12 35 regard to an award of jointlegal custodian of the child13 1 parenting obligations. Rights and responsibilitiesasof a 13 2 parent with jointlegal custodian of the childparenting 13 3 obligations include, but are not limited to, equal 13 4 participation in decisions affecting the child's legal status, 13 5 medical care, education, extracurricular activities, and 13 6 religious instruction. 13 7 6. When a parent awardedlegal custodyparenting 13 8 obligations or physical care of a child cannotact as13 9custodian or caretakercomply with the award because the 13 10 parent has died or has been judicially adjudged incompetent, 13 11 the court shall awardlegal custodyparenting obligations 13 12 including physical care of the child to the surviving parent 13 13 unless the court finds that such an award is not in the 13 14 child's best interest. 13 15 7. If an application for modification of a decree or a 13 16 petition for modification of an order is filed, based upon 13 17 differences between the parents regarding thecustody13 18 parenting obligations arrangement established under the decree 13 19 or order, unless the court determines that a history of 13 20 domestic abuse exists as specified in subsection 3, paragraph 13 21 "j", or unless the court determines that direct physical harm 13 22 or significant emotional harm to the child, other children, or 13 23 a parent is likely to result, the court may require the 13 24 parents to participate in mediation to attempt to resolve the 13 25 differences between the parents. 13 26 Sec. 19. DIRECTIONS TO CODE EDITOR. The Code editor is 13 27 directed to review sections of the Code referring to "custody" 13 28 for the purpose of amending such sections to reflect the 13 29 terminology "parenting obligations" and to include such 13 30 amendments in the substantive Code editor's bill to be 13 31 introduced during the 1999 regular session. 13 32 Sec. 20. Sections 8 through 26 of this Act take effect 13 33 July 1, 1999. 13 34 EXPLANATION 13 35 This bill provides for changes related to families 14 1 including domestic relations provisions and parenting 14 2 obligations. 14 3 The bill changes the terminology relating to custody of 14 4 children by replacing the term "custody" with the term 14 5 "parenting obligations" in chapter 598 of the Code. The bill 14 6 also directs the Code editor to review sections of the Code 14 7 using the word "custody" for the purposes of changing the term 14 8 to reflect the terminology "parenting obligations", and to 14 9 include any amendments in the substantive Code editor's bill 14 10 to be introduced during the 1999 legislative session. 14 11 LSB 3473SV 77 14 12 pf/sc/14
Text: SF02392 Text: SF02394 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Apr 1 03:40:04 CST 1998
URL: /DOCS/GA/77GA/Legislation/SF/02300/SF02393/980227.html
jhf