Senate File 571 S-5070 Amend Senate File 571 as follows: 1 1. Page 1, line 1, by striking < 2019 > and inserting < 2020 > 2 2. Page 1, line 21, by striking < 2019 > and inserting < 2020 > 3 3. Page 2, line 15, by striking < 2019 > and inserting < 2020 > 4 4. By striking page 2, line 31, through page 4, line 2, and 5 inserting: 6 < Sec. ___. Section 598.41, subsection 3, Code 2020, is 7 amended to read as follows: 8 3. In considering what custody arrangement under subsection 9 2 is in the best interest of the minor child, the court shall 10 consider the following factors: 11 a. Whether each parent would be a suitable custodian for the 12 child. 13 b. Whether the psychological and emotional needs and 14 development of the child will suffer due to lack of active 15 contact with and attention from both parents. 16 c. Whether the parents can communicate with each other 17 regarding the child’s needs. 18 d. Whether both parents have actively cared for the child 19 before and since the separation. 20 e. Whether each parent can support the other parent’s 21 relationship with the child. 22 f. Whether the custody arrangement is in accord with the 23 child’s wishes or whether the child has strong opposition, 24 taking into consideration the child’s age and maturity. 25 g. Whether one or both of the parents agree or are opposed 26 to joint custody. 27 h. g. The geographic proximity of the parents. 28 i. h. Whether the safety of the child, other children, or 29 the other parent will be jeopardized by the awarding of joint 30 custody or by unsupervised or unrestricted visitation. 31 j. i. Whether a history of domestic abuse, as defined in 32 section 236.2 , exists. In determining whether a history of 33 domestic abuse exists, the court’s consideration shall include 34 but is not limited to commencement of an action pursuant to 35 -1- SF571.3668 (1) 88 pf/rh 1/ 2 #1. #2. #3. #4.
section 236.3 , the issuance of a protective order against the 1 parent or the issuance of a court order or consent agreement 2 pursuant to section 236.5 , the issuance of an emergency order 3 pursuant to section 236.6 , the holding of a parent in contempt 4 pursuant to section 664A.7 , the response of a peace officer to 5 the scene of alleged domestic abuse or the arrest of a parent 6 following response to a report of alleged domestic abuse, or 7 a conviction for domestic abuse assault pursuant to section 8 708.2A . 9 k. j. Whether a parent has allowed a person custody or 10 control of, or unsupervised access to a child after knowing 11 the person is required to register or is on the sex offender 12 registry as a sex offender under chapter 692A . > 13 5. Page 4, line 4, by striking < 2019 > and inserting < 2020 > 14 6. Page 4, line 32, by striking < 2019 > and inserting < 2020 > 15 7. Page 5, after line 9 by inserting: 16 < Sec. ___. Section 633.560A, subsection 1, Code 2020, is 17 amended to read as follows: 18 1. The district court may, on its own motion or on the 19 motion of any party, order the parties to participate in 20 mediation in any guardianship or conservatorship action. 21 Mediation performed under this section shall comply with the 22 provisions of chapter 679C . The court shall, upon application 23 of a party, grant a waiver from any court-ordered mediation 24 under this section if the party demonstrates that a history 25 of domestic abuse exists similarly as considered in section 26 598.41, subsection 3 , paragraph “j” “i” . The court may, upon 27 application of a party, grant a waiver from any court-ordered 28 mediation if the action involves elder abuse pursuant to 29 chapter 235F . > 30 8. By renumbering as necessary. 31 ______________________________ JULIAN GARRETT -2- SF571.3668 (1) 88 pf/rh 2/ 2 #5. #6. #7. #8.