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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