Text: HF02073 Text: HF02075 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 598.41, subsection 1, paragraph c, Code
1 2 2001, is amended to read as follows:
1 3 c. The court shall consider the denial by one parent of
1 4 the child's opportunity for maximum continuing contact with
1 5 the other parent, without just cause, a significant factor in
1 6 determining the proper custody arrangement. Just cause may
1 7 include a determination by the court pursuant to subsection 3,
1 8 paragraph "j", that a history of domestic abuse exists between
1 9 the parents. However, in determining each parent's ability
1 10 and willingness to provide maximum continuing physical and
1 11 emotional contact with both parents, the court shall not focus
1 12 on each parent's relationship with the other parent, but shall
1 13 focus on maintaining the stability of the existing
1 14 relationship of the child with each parent. In determining
1 15 the existing relationship between the child and each parent,
1 16 the court shall consider objective evidence including each
1 17 parent's past performance and potential for future performance
1 18 of parenting functions.
1 19 Sec. 2. Section 598.41, Code 2001, is amended by adding
1 20 the following new subsection:
1 21 NEW SUBSECTION. 3A. In considering the factors specified
1 22 in subsection 3, the court shall not focus on each parent's
1 23 relationship with the other parent, but shall focus on
1 24 maintaining the stability of the existing relationship of the
1 25 child with each parent. In determining the existing
1 26 relationship between the child and each parent, the court
1 27 shall consider objective evidence including each parent's past
1 28 performance and potential for future performance of parenting
1 29 functions.
1 30 EXPLANATION
1 31 This bill provides that in considering the award of joint
1 32 custody of a child, the court is not to focus on each parent's
1 33 relationship with the other parent, but on maintaining the
1 34 stability of the existing relationship of the child with each
1 35 parent. The bill directs that in determining the existing
2 1 relationship between the child and each parent, the court
2 2 shall consider objective evidence including each parent's past
2 3 performance and potential for future performance of parenting
2 4 functions.
2 5 LSB 5405HH 79
2 6 pf/cls/14.1
Text: HF02073 Text: HF02075 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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