Text: HF00329 Text: HF00331 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 598.1, Code 2003, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 1A. "Cohabitation" or "cohabiting" means
1 4 circumstances evidenced by all of the following conditions:
1 5 a. An unrelated person of the opposite sex living or
1 6 residing in the dwelling of a party.
1 7 b. The unrelated person of the opposite sex and the party
1 8 living together as husband and wife.
1 9 c. The unrelated person of the opposite sex having
1 10 unrestricted access to the dwelling of the party, which would
1 11 ordinarily be enjoyed in a conventional husband and wife
1 12 relationship.
1 13 Sec. 2. Section 598.41, Code 2003, is amended by adding
1 14 the following new subsection:
1 15 NEW SUBSECTION. 9. If a parent awarded joint legal
1 16 custody or sole legal custody is cohabiting, the court may
1 17 consider the cohabitation a substantial change in
1 18 circumstances and a basis for modification of the custody
1 19 order. If the court determines that the exposure of any minor
1 20 child to the cohabitation is a substantial change in
1 21 circumstances, the court may modify the custody order if the
1 22 modification is in the best interest of the minor child.
1 23 EXPLANATION
1 24 This bill provides for modification of a custody order
1 25 based upon the cohabitation of a parent. The bill provides
1 26 that if a parent awarded joint legal custody or sole legal
1 27 custody cohabits with an unrelated person, the court may
1 28 consider the cohabitation a substantial change in
1 29 circumstances. If the court determines that the cohabitation
1 30 is a substantial change in circumstances, the court may modify
1 31 the custody order if modification is in the best interest of
1 32 the minor child. The bill defines "cohabitation" or
1 33 "cohabiting".
1 34 LSB 1380HV 80
1 35 pf/sh/8
Text: HF00329 Text: HF00331 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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