House File 330 HOUSE FILE BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HF 64) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to modification of a child custody order based on 2 exposure of the child to cohabitation of a parent and an 3 unrelated person. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1380HV 80 6 pf/sh/8 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