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House Journal: Page 857: Wednesday, March 26, 1997

 3   following:
 4     "Sec. 103.  Section 598.41, subsection 1,
 5   paragraphs a and c, Code 1997, are amended to read as
 6   follows:
 7     a.  The court, insofar as is reasonable and in the
 8   best interest of the child, shall order the custody
 9   award, including liberal visitation rights where
10   appropriate, which will assure the child the
11   opportunity for the maximum possible continuing
12   physical and emotional contact with access to both
13   parents after the parents have separated or dissolved
14   the marriage, and which will encourage parents to
15   share the rights and responsibilities of raising the
16   child unless direct physical harm or significant
17   emotional harm to the child, other children, or a
18   parent is likely to result from such contact with
19   access to one parent.
20     c.  The court shall consider the denial by one
21   parent of the child's opportunity for right to the
22   maximum possible continuing contact with access to the
23   other parent, without just cause, a significant factor
24   in determining the proper custody arrangement.  Just
25   cause may include a determination by the court
26   pursuant to subsection 3, paragraph "j", that a
27   history of domestic abuse exists between the parents.
28     Sec. 104.  Section 598.41, subsection 3, paragraph
29   b, Code 1997, is amended to read as follows:
30     b.  Whether the psychological and emotional needs
31   and development of the child will suffer due to lack
32   of active contact with access to and attention from
33   both parents.
34     Sec. 105.  Section 598.41, subsections 5 and 6,
35   Code 1997, are amended to read as follows:
36     5.  Joint legal custody does not require joint
37   physical care.  When the court determines such action
38   would be in the best interest of preserve the
39   relationship between each parent and the child, joint
40   physical care may be given awarded to both joint
41   custodial parents or physical care may be awarded to
42   one joint custodial parent and not to the other.  If
43   one joint custodial parent is awarded physical care,
44   the court shall hold that parent responsible for
45   providing for the best interest of physical care shall
46   support the other parent's relationship with the
47   child.  However, physical Physical care given awarded
48   to one parent does not affect the other parent's
49   rights and responsibilities as a joint legal custodian
50   of the child.  Rights and responsibilities as joint

Page 3

 1   legal custodian of the child include, but are not
 2   limited to, equal participation in decisions affecting

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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