House File 64

                                       HOUSE FILE       
                                       BY  BODDICKER


    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 a cohabiting intimate partner.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1380YH 80
  5 pf/sh/8

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