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