Text: SSB02197 Text: SSB02199 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 DOMESTIC RELATIONS PROVISIONS 1 3 Section 1. Section 331.424, subsection 1, paragraph h, 1 4 Code 1997, is amended by striking the paragraph and 1 5 renumbering the subsequent paragraphs. 1 6 Sec. 2. Section 598.5, subsection 7, Code Supplement 1997, 1 7 is amended to read as follows: 1 8 7. Allege that there has been a breakdown of the marriage 1 9 relationship to the extent that the legitimate objects of 1 10 matrimony have been destroyed and there remains no reasonable 1 11 likelihood that the marriage can be preserved as supported by 1 12 an affidavit signed by a marital and family therapist licensed 1 13 pursuant to chapter 154D, a public or private marriage 1 14 counselor, or a member of the clergy. 1 15 Sec. 3. Section 598.5, subsection 10, Code Supplement 1 16 1997, is amended by striking the subsection. 1 17 Sec. 4. Section 598.7A, Code 1997, is amended to read as 1 18 follows: 1 19 598.7A DOMESTIC RELATIONS PROCEEDING – MEDIATION. 1 20 In addition to the custody mediation provided pursuant to 1 21 section 598.41, unless the court determines that a history of 1 22 domestic abuse exists as specified in section 598.41, 1 23 subsection 3, paragraph "j", or unless the court determines 1 24 that direct physical harm or significant emotional harm to the 1 25 child, other children, or a parent is likely to result, or 1 26 unless the parties are not free of intimidation or fear, 1 27 mental illness or deficiency, or substance abuse, so as to be 1 28 unable to negotiate on the party's own behalf, or unless the 1 29 action involves a child support or medical support obligation 1 30 enforced by the child support recovery unit,on the1 31application of either party or on the court's own motion, the1 32court shall determinein each domestic relations proceeding or 1 33 modification of any order relating to those proceedings 1 34whetherthe court shall order the parties to the proceeding 1 35shallto participate in mediation to attempt to resolve 2 1 differences between the parties without court intervention. 2 2The court may order participation in mediation at any time2 3prior to the entering of a final order or the granting of a2 4final decree.2 5 The costs of mediation and mediation administration shall 2 6 be paid in full or in part by the parties, as determined by 2 7 the court and taxed as court costs. 2 8 Sec. 5. Section 598.16, Code 1997, is amended to read as 2 9 follows: 2 10 598.16CONCILIATION –DOMESTIC RELATIONS DIVISIONS. 2 11 A majority of the judges in any judicial district, with the 2 12 cooperation of any county board of supervisors in the 2 13 district, may establish a domestic relations division of the 2 14 district court of the county where the board is located. The 2 15 division shall offer counseling and related services to 2 16 persons before the court. 2 17Upon the application of the petitioner in the petition or2 18by the respondent in the responsive pleading thereto or,2 19within twenty days of appointment, of an attorney appointed2 20under section 598.12, the court shall require the parties to2 21participate in conciliation efforts for a period of sixty days2 22from the issuance of an order setting forth the conciliation2 23procedure and the conciliator.2 24At any time upon its own motion or upon the application of2 25a party the court may require the parties to participate in2 26conciliation efforts for sixty days or less following the2 27issuance of such an order.2 28Every order for conciliation shall require the conciliator2 29to file a written report by a date certain which shall state2 30the conciliation procedures undertaken and such other matters2 31as may have been required by the court. The report shall be a2 32part of the record unless otherwise ordered by the court. Such2 33conciliation procedure may include, but is not limited to,2 34referrals to the domestic relations division of the court, if2 35established, public or private marriage counselors, family3 1service agencies, community health centers, physicians and3 2clergy.3 3The costs of conciliation procedures shall be paid in full3 4or in part by the parties and taxed as court costs; however,3 5if the court determines that the parties will be unable to pay3 6the costs without prejudicing their financial ability to3 7provide themselves and any minor children with economic3 8necessities, the costs may be paid in full or in part by the3 9county.3 10Persons providing counseling and other services pursuant to3 11this section are not court employees, but are subject to court3 12supervision.3 13 Sec. 6. Section 598.19, Code 1997, is amended to read as 3 14 follows: 3 15 598.19 WAITING PERIOD BEFORE DECREE. 3 16 No decree dissolving a marriage shall be granted in any 3 17 proceeding before ninety days shall have elapsed from the day 3 18 the original notice is served, or from the last day of 3 19 publication of notice, or from the date that waiver or 3 20 acceptance of original notice is filedor until after3 21conciliation is completed, whichever period shall be longer. 3 22 However, the court may in its discretion, on written motion 3 23 supported by affidavit setting forth grounds of emergency or 3 24 necessity and facts which satisfy the court that immediate 3 25 action is warranted or required to protect the substantive 3 26 rights or interests of any party or person who might be 3 27 affected by the decree, hold a hearing and grant a decree 3 28 dissolving the marriage prior to the expiration of the 3 29 applicable period, provided that requirements of notice have 3 30 been complied with. In such case the grounds of emergency or 3 31 necessity and the facts with respect thereto shall be recited 3 32 in the decree unless otherwise ordered by the court. The 3 33 court may enter an order finding the respondent in defaultand3 34waiving conciliationwhen the respondent has failed to file an 3 35 appearance within the time set forth in the original notice. 4 1 Sec. 7. Section 602.11101, subsection 7, Code 1997, is 4 2 amended by striking the subsection. 4 3 DIVISION II 4 4 PARENTING OBLIGATIONS 4 5 Sec. 8. Section 598.1, Code Supplement 1997, is amended to 4 6 read as follows: 4 7 598.1 DEFINITIONS. 4 8 As used in this chapter: 4 9 1. "Best interest of the child" includes, but is not 4 10 limited to, the opportunity for maximum continuous physical 4 11 and emotional contact possible with both parents, unless 4 12 direct physical or significant emotional harm to the child may 4 13 result from this contact. Refusal by one parent to provide 4 14 this opportunity without just cause shall be considered 4 15 harmful to the best interest of the child. 4 16 2. "Dissolution of marriage" means a termination of the 4 17 marriage relationship and shall be synonymous with the term 4 18 "divorce". 4 19 3."Joint custody" or "joint legal custody""Joint 4 20 parenting obligations" means an award oflegal custody of4 21 parenting obligations regarding a minor child to both parents 4 22 jointly under which both parents havelegal custodialrights 4 23 and responsibilities toward the child and under which neither 4 24 parent haslegal custodialrights superior to those of the 4 25 other parent. Rights and responsibilities of jointlegal4 26custodyparenting obligations include, but are not limited to, 4 27 equal participation in decisions affecting the child's legal 4 28 status, medical care, education, extracurricular activities, 4 29 and religious instruction. 4 30 4. "Joint physical care" means an award of physical care 4 31 of a minor child to bothjoint legal custodialparents under 4 32 which both parents have rights and responsibilities toward the 4 33 child including, but not limited to, shared parenting time 4 34 with the child, maintaining homes for the child, providing 4 35 routine care for the child and under which neither parent has 5 1 physical care rights superior to those of the other parent. 5 25. "Legal custody" or "custody" means an award of the5 3rights of legal custody of a minor child to a parent under5 4which a parent has legal custodial rights and responsibilities5 5toward the child. Rights and responsibilities of legal5 6custody include, but are not limited to, decision making5 7affecting the child's legal status, medical care, education,5 8extracurricular activities, and religious instruction.5 96.5. "Minor child" means any person under legal age. 5 10 6. "Parent" includes a third party with parenting 5 11 obligations and authority to participate in a parenting plan. 5 12 7. "Parenting obligations" means an award under which a 5 13 parent has rights and responsibilities toward the minor child. 5 14 The rights and responsibilities include, but are not limited 5 15 to, decision making affecting the child's legal status, 5 16 medical care, education, extracurricular activities, and 5 17 religious instruction. 5 187.8. "Physical care" means the right and responsibility 5 19 to maintain a home for the minor child and provide for the 5 20 routine care of the child. 5 218.9. "Postsecondary education subsidy" means an amount 5 22 which either of the parties may be required to pay under a 5 23 temporary order or final judgment or decree for educational 5 24 expenses of a child who is between the ages of eighteen and 5 25 twenty-two years if the child is regularly attending a course 5 26 of vocational-technical training either as a part of a regular 5 27 school program or under special arrangements adapted to the 5 28 individual person's needs; or is, in good faith, a full-time 5 29 student in a college, university, or community college; or has 5 30 been accepted for admission to a college, university, or 5 31 community college and the next regular term has not yet begun. 5 329.10. "Support" or "support payments" means an amount 5 33 which the court may require either of the parties to pay under 5 34 a temporary order or a final judgment or decree, and may 5 35 include alimony, child support, maintenance, and any other 6 1 term used to describe these obligations. For orders entered 6 2 on or after July 1, 1990, unless the court specifically orders 6 3 otherwise, medical support is not included in the monetary 6 4 amount of child support. The obligations shall include 6 5 support for a child who is between the ages of eighteen and 6 6 nineteen years who is engaged full-time in completing high 6 7 school graduation or equivalency requirements in a manner 6 8 which is reasonably expected to result in completion of the 6 9 requirements prior to the person reaching nineteen years of 6 10 age; and may include support for a child of any age who is 6 11 dependent on the parties to the dissolution proceedings 6 12 because of physical or mental disability. 6 13 Sec. 9. Section 598.5, subsection 9, Code Supplement 1997, 6 14 is amended to read as follows: 6 15 9. Set forth any application for permanent alimony or 6 16 support,child custodyparenting obligations, or disposition 6 17 of property, as well as attorneys' fees and suit money, 6 18 without enumerating the amounts thereof. 6 19 Sec. 10. Section 598.7A, unnumbered paragraph 1, Code 6 20 1997, is amended to read as follows: 6 21 In addition to thecustodyparenting obligations mediation 6 22 provided pursuant to section 598.41, unless the court 6 23 determines that a history of domestic abuse exists as 6 24 specified in section 598.41, subsection 3, paragraph "j", or 6 25 unless the court determines that direct physical harm or 6 26 significant emotional harm to the child, other children, or a 6 27 parent is likely to result, or unless the action involves a 6 28 child support or medical support obligation enforced by the 6 29 child support recovery unit, on the application of either 6 30 party or on the court's own motion, the court shall determine 6 31 in each domestic relations proceeding or modification of any 6 32 order relating to those proceedings whether the parties to the 6 33 proceeding shall participate in mediation to attempt to 6 34 resolve differences between the parties without court 6 35 intervention. The court may order participation in mediation 7 1 at any time prior to the entering of a final order or the 7 2 granting of a final decree. 7 3 Sec. 11. Section 598.8, subsection 1, Code 1997, is 7 4 amended to read as follows: 7 5 1. Except as otherwise provided in subsection 2, hearings 7 6 for dissolution of marriage shall be held in open court upon 7 7 the oral testimony of witnesses, or upon the depositions of 7 8 such witnesses taken as in other equitable actions or taken by 7 9 a commissioner appointed by the court. The court may in its 7 10 discretion close the hearing. Hearings held for the purpose 7 11 of determiningchild custodyparenting obligations may be 7 12 limited in attendance by the court. Upon request of either 7 13 party, the court shall provide security in the courtroom 7 14 during thecustodyparenting obligations hearing if a history 7 15 of domestic abuse relating to either party exists. 7 16 Sec. 12. Section 598.11, unnumbered paragraph 1, Code 7 17 1997, is amended to read as follows: 7 18 The court may order either party to pay the clerk a sum of 7 19 money for the separate support and maintenance of the other 7 20 party and the children and to enable such party to prosecute 7 21 or defend the action. The court may on its own motion and 7 22 shall upon application of either party or an attorney 7 23 appointed under section 598.12 determine the temporarycustody7 24ofparenting obligations regarding any minor child whose 7 25 welfare may be affected by the filing of the petition for 7 26 dissolution. 7 27 Sec. 13. Section 598.12, subsection 2, Code 1997, is 7 28 amended to read as follows: 7 29 2. The court may require that the department of human 7 30 services or an appropriate agency make an investigation of 7 31 both parties regarding the home conditions, parenting 7 32 capabilities, and other matters pertinent to the best 7 33 interests of the child or children in a dispute concerning 7 34custody ofparenting obligations regarding the child or 7 35 children. The investigation report completed by the 8 1 department of human services or an appropriate agency shall be 8 2 submitted to the court and available to both parties. The 8 3 investigation report completed by the department of human 8 4 services or an appropriate agency shall be a part of the 8 5 record unless otherwise ordered by the court. 8 6 Sec. 14. Section 598.19A, subsection 1, Code 1997, is 8 7 amended to read as follows: 8 8 1. The parties to any action which involves the issues of 8 9child custodyparenting obligations or visitation shall 8 10 participate in a court-approved course to educate and 8 11 sensitize the parties to the needs of any child or party 8 12 during and subsequent to the proceeding within forty-five days 8 13 of the service of notice and petition for the action or within 8 14 forty-five days of the service of notice and application for 8 15 modification of an order. Participation in the course may be 8 16 waived or delayed by the court for good cause including, but 8 17 not limited to, a default by any of the parties. 8 18 Participation in the course is not required if the proceeding 8 19 involves termination of parental rights of any of the parties. 8 20 A final decree shall not be granted or a final order shall not 8 21 be entered until the parties have complied with this section. 8 22 Sec. 15. Section 598.21, subsection 1, paragraph g, Code 8 23 Supplement 1997, is amended to read as follows: 8 24 g. Thedesirability ofawarding of the family home or the 8 25 right to live in the family home for a reasonable period to 8 26thea partyhaving custody of the children, or if the parties8 27have joint legal custody, to the party having physical care of8 28the childrenbased upon the parenting obligations of the 8 29 party. 8 30 Sec. 16. Section 598.21, subsection 3, paragraph e, Code 8 31 Supplement 1997, is amended to read as follows: 8 32 e. The earning capacity of the party seeking maintenance, 8 33 including educational background, training, employment skills, 8 34 work experience, length of absence from the job market, 8 35 responsibilities for children undereitheran award ofcustody9 1or physical careparenting obligations, and the time and 9 2 expense necessary to acquire sufficient education or training 9 3 to enable the party to find appropriate employment. 9 4 Sec. 17. Section 598.21, subsection 4, paragraph d, Code 9 5 Supplement 1997, is amended to read as follows: 9 6 d. For purposes of calculating a support obligation under 9 7 this section, the income of the parent from whom support is 9 8 sought shall be used as the noncustodial parent income for 9 9 purposes of application of the guidelines, regardless of the 9 10legal custody of the childparenting obligations awarded. 9 11 Sec. 18. Section 598.21, subsection 6, Code Supplement 9 12 1997, is amended to read as follows: 9 13 6. The court may provide for jointcustody of the children9 14by the partiesparenting obligations pursuant to section 9 15 598.41. All orders relating tocustody of a childparenting 9 16 obligations are subject to chapter 598A. 9 17 Sec. 19. Section 598.21, subsection 8, unnumbered 9 18 paragraph 2, Code Supplement 1997, is amended to read as 9 19 follows: 9 20 Unless otherwise provided pursuant to 28 U.S.C. } 1738B, a 9 21 modification of a support order entered under chapter 234, 9 22 252A, 252C, 600B, this chapter, or any other support chapter 9 23 or proceeding between parties to the order is void unless the 9 24 modification is approved by the court, after proper notice and 9 25 opportunity to be heard is given to all parties to the order, 9 26 and entered as an order of the court. If support payments 9 27 have been assigned to the department of human services 9 28 pursuant to section 234.39, 239B.6, or 252E.11, or if services 9 29 are being provided pursuant to chapter 252B, the department is 9 30 a party to the support order. Modifications of orders 9 31 pertaining tochild custodyparenting obligations shall be 9 32 made pursuant to chapter 598A. If the petition for a 9 33 modification of an order pertaining tochild custodyparenting 9 34 obligations asks either for jointcustodyparenting 9 35 obligations or that jointcustodyparenting obligations be 10 1 modified to an award of solecustodyparenting obligations, 10 2 the modification, if any, shall be made pursuant to section 10 3 598.41. 10 4 Sec. 20. Section 598.21, subsection 8A, Code Supplement 10 5 1997, is amended to read as follows: 10 6 8A. If a parent awarded jointlegal custodyparenting 10 7 obligations and physical care or solelegal custodyparenting 10 8 obligations is relocating the residence of the minor child to 10 9 a location which is one hundred fifty miles or more from the 10 10 residence of the minor child at the time thatcustody was10 11 parenting obligations were awarded, the court may consider the 10 12 relocation a substantial change in circumstances. If the 10 13 court determines that the relocation is a substantial change 10 14 in circumstances, the court shall modify thecustodyparenting 10 15 obligations order to, at a minimum, preserve, as nearly as 10 16 possible, the existing relationship between the minor child 10 17 and the nonrelocating parent. If modified, the order may 10 18 include a provision for extended visitation during summer 10 19 vacations and school breaks and scheduled telephone contact 10 20 between the nonrelocating parent and the minor child. The 10 21 modification may include a provision assigning the 10 22 responsibility for transportation of the minor child for 10 23 visitation purposes to either or both parents. If the court 10 24 makes a finding of past interference by the relocating parent 10 25awarded joint legal custody and physical care or sole legal10 26custodywith the minor child's access to the other parent, the 10 27 court may order the posting of a cash bond to assure future 10 28 compliance with the visitation provisions of the decree. The 10 29 supreme court shall prescribe guidelines for the forfeiting of 10 30 the bond and restoration of the bond following forfeiting of 10 31 the bond. 10 32 Sec. 21. Section 598.21, subsection 10, Code Supplement 10 33 1997, is amended to read as follows: 10 34 10. Notwithstanding any other provision of law to the 10 35 contrary, when an application for modification or adjustment 11 1 of support is submitted by the child support recovery unit, 11 2 the sole issues which may be considered by the court in that 11 3 action are the application of the guidelines in establishing 11 4 the amount of support pursuant to subsection 4, and provision 11 5 for medical support under chapter 252E. When an application 11 6 for a cost-of-living alteration of support is submitted by the 11 7 child support recovery unit pursuant to section 252H.24, the 11 8 sole issue which may be considered by the court in the action 11 9 is the application of the cost-of-living alteration in 11 10 establishing the amount of child support. Issues related to 11 11custodyparenting obligations, visitation, or other provisions 11 12 unrelated to support shall be considered only under a separate 11 13 application for modification. 11 14 Sec. 22. Section 598.23, subsection 2, paragraphs b and d, 11 15 Code Supplement 1997, are amended to read as follows: 11 16 b. Modifies visitation to compensate for lost visitation 11 17 time or establishes jointcustodyparenting obligations for 11 18 the child or transferscustodyparenting obligations. 11 19 d. Imposes sanctions or specific requirements or orders 11 20 the parties to participate in mediation to enforce the joint 11 21custodyparenting obligations provisions of the decree. 11 22 Sec. 23. Section 598.25, unnumbered paragraph 1, Code 11 23 1997, is amended to read as follows: 11 24 Whenever a proceeding is initiated in a court for adoption 11 25 involving the children of parents or guardians whose marriage 11 26 has been dissolved, or for modification of a judgment of 11 27 alimony, child support, orcustodyparenting obligations 11 28 granted in an action for dissolution of marriage, the 11 29 following requirements must be met if such proceedings are 11 30 initiated in a court other than the court which granted the 11 31 dissolution decree. 11 32 Sec. 24. Section 598.35, subsections 5, 6, and 7, Code 11 33 Supplement 1997, are amended to read as follows: 11 34 5. The parents of the child are divorced, and the parent 11 35 who is not the child of the grandparent or who is not the 12 1 grandchild of the great-grandparent haslegal custody of12 2 parenting obligations regarding the child, and the spouse of 12 3 the child'scustodialother parent has been issued a final 12 4 adoption decree pursuant to section 600.13. 12 5 6. The paternity of a child born out of wedlock is 12 6 judicially established and the grandparent of the child is the 12 7 parent of the father of the child or the great-grandparent of 12 8 the child is the grandparent of the father of the child and 12 9 the mother of the child hascustody ofparenting obligations 12 10 regarding the child, or the grandparent of a child born out of 12 11 wedlock is the parent of the mother of the child or the great- 12 12 grandparent of the child is the grandparent of the mother of 12 13 the child andcustody hasparenting obligations have been 12 14 awarded to the father of the child. 12 15 7. A parent of the child unreasonably refuses to allow 12 16 visitation by the grandparent or great-grandparent or 12 17 unreasonably restricts visitation. This subsection applies to 12 18 but is not limited in application to a situation in which the 12 19 parents of the child are divorced and the parent who is the 12 20 child of the grandparent or who is the grandchild of the 12 21 great-grandparent haslegal custody ofparenting obligations 12 22 regarding the child. 12 23 Sec. 25. Section 598.41, Code Supplement 1997, is amended 12 24 to read as follows: 12 25 598.41CUSTODY OFPARENTING OBLIGATIONS REGARDING 12 26 CHILDREN. 12 27 1. a. The court, insofar as is reasonable and in the best 12 28 interest of the child, shall order thecustodyparenting 12 29 obligations award, including liberal visitation rights where 12 30 appropriate, which will assure the child the opportunity for 12 31 the maximum continuing physical and emotional contact with 12 32 both parents after the parents have separated or dissolved the 12 33 marriage, and which will encourage parents to share the rights 12 34 and responsibilities of raising the child unless direct 12 35 physical harm or significant emotional harm to the child, 13 1 other children, or a parent is likely to result from such 13 2 contact with one parent. 13 3 b. Notwithstanding paragraph "a", if the court finds that 13 4 a history of domestic abuse exists, a rebuttable presumption 13 5 against the awarding of jointcustodyparenting obligations 13 6 exists. 13 7 c. The court shall consider the denial by one parent of 13 8 the child's opportunity for maximum continuing contact with 13 9 the other parent, without just cause, a significant factor in 13 10 determining the propercustodyparenting obligations 13 11 arrangement. Just cause may include a determination by the 13 12 court pursuant to subsection 3, paragraph "j", that a history 13 13 of domestic abuse exists between the parents. 13 14 d. If a history of domestic abuse exists as determined by 13 15 a court pursuant to subsection 3, paragraph "j", and if a 13 16 parent who is a victim of such domestic abuse relocates or is 13 17 absent from the home based upon the fear of or actual acts or 13 18 threats of domestic abuse perpetrated by the other parent, the 13 19 court shall not consider the relocation or absence of that 13 20 parent as a factor against that parent in the awarding of 13 21custodyparenting obligations or visitation. 13 22 e. Unless otherwise ordered by the court in thecustody13 23 parenting obligations decree, both parents shall have legal 13 24 access to information concerning the child, including but not 13 25 limited to medical, educational and law enforcement records. 13 26 2. a. On the application of either parent, the court shall 13 27 consider granting jointcustodyparenting obligations in cases 13 28 where the parents do not agree to jointcustodyparenting 13 29 obligations. 13 30 b. If the court does not grant jointcustodyparenting 13 31 obligations under this subsection, the court shall cite clear 13 32 and convincing evidence, pursuant to the factors in subsection 13 33 3, that jointcustody isparenting obligations are 13 34 unreasonable and not in the best interest of the child to the 13 35 extent that thelegal custodialrelationship between the child 14 1 and a parent should be severed. 14 2 c. A finding by the court that a history of domestic abuse 14 3 exists, as specified in subsection 3, paragraph "j", which is 14 4 not rebutted, shall outweigh consideration of any other factor 14 5 specified in subsection 3 in the determination of the awarding 14 6 ofcustodyparenting obligations under this subsection. 14 7 d. Before ruling upon the jointcustodyparenting 14 8 obligations petition in these cases, unless the court 14 9 determines that a history of domestic abuse exists as 14 10 specified in subsection 3, paragraph "j", or unless the court 14 11 determines that direct physical harm or significant emotional 14 12 harm to the child, other children, or a parent is likely to 14 13 result, the court may require the parties to participate in 14 14custodyparenting obligations mediation to determine whether 14 15 jointcustody isparenting obligations are in the best 14 16 interest of the child. The court may require the child's 14 17 participation in the mediation insofar as the court determines 14 18 the child's participation is advisable. 14 19 e. The costs ofcustodyparenting obligations mediation 14 20 shall be paid in full or in part by the parties and taxed as 14 21 court costs. 14 22 3. In considering whatcustodyparenting obligations 14 23 arrangement under subsection 2 is in the best interest of the 14 24 minor child, the court shall consider the following factors: 14 25 a. Whether each parent wouldbe a suitable custodian for14 26 suitably fulfill parenting obligations regarding the child. 14 27 b. Whether the psychological and emotional needs and 14 28 development of the child will suffer due to lack of active 14 29 contact with and attention from both parents. 14 30 c. Whether the parents can communicate with each other 14 31 regarding the child's needs. 14 32 d. Whether both parents have actively cared for the child 14 33 before and since the separation. 14 34 e. Whether each parent can support the other parent's 14 35 relationship with the child. 15 1 f. Whether thecustodyparenting obligation arrangement is 15 2 in accord with the child's wishes or whether the child has 15 3 strong opposition, taking into consideration the child's age 15 4 and maturity. 15 5 g. Whether one or both of the parents agree or are opposed 15 6 to jointcustodyparenting obligations. 15 7 h. The geographic proximity of the parents. 15 8 i. Whether the safety of the child, other children, or the 15 9 other parent will be jeopardized by the awarding of joint 15 10custodyparenting obligations or by unsupervised or 15 11 unrestricted visitation. 15 12 j. Whether a history of domestic abuse, as defined in 15 13 section 236.2, exists. In determining whether a history of 15 14 domestic abuse exists, the court's consideration shall 15 15 include, but is not limited to, commencement of an action 15 16 pursuant to section 236.3, the issuance of a protective order 15 17 against the parent or the issuance of a court order or consent 15 18 agreement pursuant to section 236.5, the issuance of an 15 19 emergency order pursuant to section 236.6, the holding of a 15 20 parent in contempt pursuant to section 236.8, the response of 15 21 a peace officer to the scene of alleged domestic abuse or the 15 22 arrest of a parent following response to a report of alleged 15 23 domestic abuse, or a conviction for domestic abuse assault 15 24 pursuant to section 708.2A. 15 25 4. Subsection 3 shall not apply when parents agree to 15 26 jointcustodyparenting obligations. 15 27 5. Joint physical care may be in the best interest of the 15 28 child, but an award of jointlegal custodyparenting 15 29 obligations does not require joint physical care. When the 15 30 court determines such action would be in the best interest of 15 31 the child and would preserve the relationship between each 15 32 parent and the child, joint physical care may be awarded to 15 33 bothjoint custodialparents or physical care may be awarded 15 34 to onejoint custodialparent. If onejoint custodialparent 15 35 is awarded physical care, the parent responsible for providing 16 1 physical care shall support the other parent's relationship 16 2 with the child. Physical care awarded to one parent does not 16 3 affect the other parent's rights and responsibilitiesas ain 16 4 regard to an award of jointlegal custodian of the child16 5 parenting obligations. Rights and responsibilitiesasof a 16 6 parent with jointlegal custodian of the childparenting 16 7 obligations include, but are not limited to, equal 16 8 participation in decisions affecting the child's legal status, 16 9 medical care, education, extracurricular activities, and 16 10 religious instruction. 16 11 6. When a parent awardedlegal custodyparenting 16 12 obligations or physical care of a child cannotact as16 13custodian or caretakercomply with the award because the 16 14 parent has died or has been judicially adjudged incompetent, 16 15 the court shall awardlegal custodyparenting obligations 16 16 including physical care of the child to the surviving parent 16 17 unless the court finds that such an award is not in the 16 18 child's best interest. 16 19 7. If an application for modification of a decree or a 16 20 petition for modification of an order is filed, based upon 16 21 differences between the parents regarding thecustody16 22 parenting obligations arrangement established under the decree 16 23 or order, unless the court determines that a history of 16 24 domestic abuse exists as specified in subsection 3, paragraph 16 25 "j", or unless the court determines that direct physical harm 16 26 or significant emotional harm to the child, other children, or 16 27 a parent is likely to result, the court may require the 16 28 parents to participate in mediation to attempt to resolve the 16 29 differences between the parents. 16 30 Sec. 26. DIRECTIONS TO CODE EDITOR. The Code editor is 16 31 directed to review sections of the Code referring to "custody" 16 32 for the purpose of amending such sections to reflect the 16 33 terminology "parenting obligations" and to include such 16 34 amendments in the substantive Code editor's bill to be 16 35 introduced during the 1998 regular session. 17 1 Sec. 27. Sections 201 through 218 of this Act take effect 17 2 July 1, 1999. 17 3 EXPLANATION 17 4 This bill provides for changes related to families 17 5 including domestic relations provisions and parenting 17 6 obligations. The bill requires that an affidavit signed by a 17 7 marital and family therapist, public or private counselor, or 17 8 a member of the clergy support the allegation of a breakdown 17 9 of the marriage relationship in a petition for dissolution of 17 10 marriage. The bill also requires mediation in all domestic 17 11 relations proceedings or modification of any order relating to 17 12 those proceedings. Currently, mediation in these cases is 17 13 discretionary on the part of the court. Exceptions to the 17 14 required mediation include if a history of domestic abuse 17 15 exists; if there is a possibility of direct physical harm or 17 16 emotional harm to a party or a child; if a party are is not 17 17 free of intimidation or fear, mental illness or deficiency, or 17 18 substance abuse so as to be unable to negotiate on the party's 17 19 own behalf; or if the action involves a child support or 17 20 medical support obligation enforced by the child support 17 21 recovery unit. The bill also strikes provisions which 17 22 required participation in conciliation efforts and makes 17 23 conforming changes in the Code. 17 24 The bill also changes the terminology relating to custody 17 25 of children by replacing the term "custody" with the term 17 26 "parenting obligations" in chapter 598 of the Code. The bill 17 27 also directs the Code editor to review sections of the Code 17 28 using the word "custody" for the purposes of changing the term 17 29 to reflect the terminology "parenting obligations", and to 17 30 include any amendments in the substantive Code editor's bill 17 31 to be introduced during the 1998 legislative session. 17 32 LSB 3473XL 77 17 33 pf/sc/14
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