Text: HF00063 Text: HF00065 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 598.21, Code 2003, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 8B. a. If a parent awarded joint legal
1 4 custody and physical care or sole legal custody exposes the
1 5 minor child to a cohabiting intimate partner, the court may
1 6 consider the exposure a substantial change in circumstances
1 7 and a basis for modification of the custody order. If the
1 8 court determines that the exposure of the minor child to a
1 9 cohabiting intimate partner is a substantial change in
1 10 circumstances, the court shall modify the custody order to
1 11 award physical care or sole legal custody to the other parent.
1 12 However, if a history of domestic abuse exists as described in
1 13 section 598.41, subsection 3, paragraph "j", the court shall
1 14 review the history of domestic abuse to determine if the
1 15 modification would be detrimental to the safety of the child,
1 16 other children, or a parent or would result in direct physical
1 17 harm or significant emotional harm to the child, other
1 18 children, or a parent.
1 19 b. For the purposes of this subsection:
1 20 (1) "Cohabiting intimate partner" means a person who meets
1 21 all of the following criteria:
1 22 (a) Is residing with the parent and the minor child.
1 23 (b) Is not married to the parent.
1 24 (c) Is participating in an intimate relationship with the
1 25 parent.
1 26 (2) "Intimate relationship" means a significant romantic
1 27 involvement that need not include sexual involvement.
1 28 EXPLANATION
1 29 This bill provides for modification of a custody order
1 30 based upon the exposure of a minor child to a cohabiting
1 31 intimate partner. The bill provides that if a parent awarded
1 32 joint legal custody and physical care or sole legal custody
1 33 exposes the minor child to a cohabiting intimate partner, the
1 34 court may consider the exposure a substantial change in
1 35 circumstances. If the court determines that the exposure of
2 1 the minor child to a cohabiting intimate partner is a
2 2 substantial change in circumstances, the court is directed to
2 3 modify the custody order to award physical care or sole legal
2 4 custody to the other parent. However, if a history of
2 5 domestic abuse exists, the court is directed to review the
2 6 history of domestic abuse to determine if the modification
2 7 would be detrimental to the safety of the child, other
2 8 children, or a parent or would result in direct physical harm
2 9 or significant emotional harm to the child, other children, or
2 10 a parent. The bill defines "cohabiting intimate partner" as a
2 11 person who is residing with the parent and the minor child, is
2 12 not married to the parent, and is participating in an intimate
2 13 relationship with the parent. The bill defines "intimate
2 14 relationship" as a significant romantic involvement that need
2 15 not include sexual involvement.
2 16 LSB 1380YH 80
2 17 pf/sh/8.1
Text: HF00063 Text: HF00065 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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