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House File 678

Partial Bill History

Bill Text

PAG LIN
  1  1                                             HOUSE FILE 678
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO CHILD CUSTODY AND VISITATION INCLUDING THE REQUIRE-
  1  5    MENT OF A SETTLEMENT CONFERENCE OR MEDIATION WHEN A CUSTODY
  1  6    ARRANGEMENT IS DISPUTED, AND PROVIDING AN EFFECTIVE DATE.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 598.7A, Code Supplement 2001, is
  1 11 amended by adding the following new subsection:
  1 12    NEW SUBSECTION.  6.  Notwithstanding the provisions of this
  1 13 section providing discretion to the court in ordering
  1 14 mediation, unless the court determines that a history of
  1 15 domestic abuse exists as specified in section 598.41,
  1 16 subsection 3, paragraph "j", or unless the court determines
  1 17 that direct physical harm or significant emotional harm to the
  1 18 child, other children, or a parent is likely to result, the
  1 19 court shall require the parties to participate in mediation or
  1 20 a settlement conference in any dissolution of marriage action
  1 21 or other domestic relations action which involves custody of a
  1 22 child, unless the parties have agreed upon custody and
  1 23 visitation prior to a court hearing or trial.  The
  1 24 participation in mediation or a settlement conference under
  1 25 this subsection shall include receiving assistance in the
  1 26 completion of a parenting agreement between the parties that
  1 27 specifies the details of visitation.
  1 28    Sec. 2.  Section 598.41, subsection 2, paragraph d, Code
  1 29 2001, is amended to read as follows:
  1 30    d.  Before ruling upon the joint custody petition in these
  1 31 cases, unless the court determines that a history of domestic
  1 32 abuse exists as specified in subsection 3, paragraph "j", or
  1 33 unless the court determines that direct physical harm or
  1 34 significant emotional harm to the child, other children, or a
  1 35 parent is likely to result, the court may shall require the
  2  1 parties to participate in custody mediation or a settlement
  2  2 conference to determine whether joint custody is in the best
  2  3 interest of the child.  The participation in mediation or a
  2  4 settlement conference required under this paragraph shall
  2  5 include receiving assistance in the completion of a parenting
  2  6 agreement between the parties that specifies the details of
  2  7 visitation.  The court may require the child's participation
  2  8 in the mediation or settlement conference insofar as the court
  2  9 determines the child's participation is advisable.
  2 10    Sec. 3.  Section 598.41, subsection 5, Code 2001, is
  2 11 amended to read as follows:
  2 12    5.  a.  Joint physical care may be in the best interest of
  2 13 the child, but joint legal custody does not require joint
  2 14 physical care.
  2 15    b.  On the application of either parent, the court shall
  2 16 consider granting joint physical care.
  2 17    c.  When the court determines such action would be in the
  2 18 best interest of the child and would preserve the relationship
  2 19 between each parent and the child, joint physical care may be
  2 20 awarded to both joint custodial parents or physical care may
  2 21 be awarded to one joint custodial parent.
  2 22    d.  If one joint custodial parent is awarded physical care,
  2 23 the parent responsible for providing physical care shall
  2 24 support the other parent's relationship with the child.
  2 25 Physical care awarded to one parent does not affect the other
  2 26 parent's rights and responsibilities as a joint legal
  2 27 custodian of the child.  Rights and responsibilities as joint
  2 28 legal custodian of the child include, but are not limited to,
  2 29 equal participation in decisions affecting the child's legal
  2 30 status, medical care, education, extracurricular activities,
  2 31 and religious instruction.
  2 32    Sec. 4.  Section 598.41, subsection 8, Code 2001, is
  2 33 amended to read as follows:
  2 34    8.  If an application for modification of a decree or a
  2 35 petition for modification of an order is filed, based upon
  3  1 differences between the parents regarding the custody
  3  2 arrangement established under the decree or order, unless the
  3  3 court determines that a history of domestic abuse exists as
  3  4 specified in subsection 3, paragraph "j", or unless the court
  3  5 determines that direct physical harm or significant emotional
  3  6 harm to the child, other children, or a parent is likely to
  3  7 result, the court may shall require the parents to participate
  3  8 in mediation or a settlement conference to attempt to resolve
  3  9 the differences between the parents.  The participation in
  3 10 mediation or a settlement conference required under this
  3 11 subsection shall include receiving assistance in the
  3 12 modification of a parenting agreement between the parties, if
  3 13 applicable, that specifies the details of visitation.
  3 14    Sec. 5.  Section 598.41, Code 2001, is amended by adding
  3 15 the following new subsection:
  3 16    NEW SUBSECTION.  9.  The supreme court shall prescribe a
  3 17 model parenting agreement form to be used in establishing the
  3 18 visitation provisions of a temporary or final custody award or
  3 19 in modifying the visitation provisions of a temporary or final
  3 20 custody award.  The court shall also prescribe rules for
  3 21 enforcement of parenting agreements.
  3 22    Sec. 6.  EFFECTIVE DATE.  This Act takes effect July 1,
  3 23 2003.  
  3 24 
  3 25 
  3 26                                                             
  3 27                               BRENT SIEGRIST
  3 28                               Speaker of the House
  3 29 
  3 30 
  3 31                                                             
  3 32                               MARY E. KRAMER
  3 33                               President of the Senate
  3 34 
  3 35    I hereby certify that this bill originated in the House and
  4  1 is known as House File 678, Seventy-ninth General Assembly.
  4  2 
  4  3 
  4  4                                                             
  4  5                               MARGARET THOMSON
  4  6                               Chief Clerk of the House
  4  7 Approved                , 2002
  4  8 
  4  9 
  4 10                            
  4 11 THOMAS J. VILSACK
  4 12 Governor
     

Text: HF00677                           Text: HF00679
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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