Text: HF00231 Text: HF00233 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 598.41, Code 2001, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 9. a. Notwithstanding subsection 1,
1 4 paragraph "a", if the court finds that a parent has been
1 5 convicted of an offense for which the person was sentenced to
1 6 imprisonment, a rebuttable presumption against the awarding of
1 7 joint legal custody and physical care exists. Until such time
1 8 as an order awarding legal custody is entered, the court shall
1 9 award temporary legal custody and physical care to the other
1 10 parent.
1 11 b. When a parent awarded legal custody or physical care of
1 12 a child cannot act as custodian or caretaker because the
1 13 parent has been convicted of an offense for which the person
1 14 has been sentenced to imprisonment, the court shall award
1 15 legal custody including physical care of the child to the
1 16 other parent, unless the court finds that such an award is not
1 17 in the best interest of the child.
1 18 EXPLANATION
1 19 This bill provides that in determining an award of custody
1 20 of a child, if the court finds that a parent has been
1 21 convicted of an offense for which the person has been
1 22 sentenced to imprisonment, a rebuttable presumption against
1 23 awarding joint legal custody exists. Additionally, until such
1 24 time as custody is awarded, the court is to award temporary
1 25 legal custody to the other parent.
1 26 The bill also provides that if a parent who was awarded
1 27 legal custody or physical care of a child is unable to act as
1 28 custodian or caretaker because the person has been convicted
1 29 of an offense for which the person has been sentenced to
1 30 imprisonment, the court is directed to award custody,
1 31 including physical custody to the other parent, unless such an
1 32 award is not in the best interest of the child.
1 33 LSB 1694YH 79
1 34 pf/gg/8
Text: HF00231 Text: HF00233 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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