H.F. 2353 Section 1. Section 598.10, subsection 1, Code 2009, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . c. The court shall consider the educational 3 setting of any minor child in making a temporary order for 4 custody. There is a rebuttable presumption that it is in the 5 best interest of the minor child to remain in the educational 6 setting in which the minor child was enrolled during the school 7 year immediately preceding or in which the minor child is 8 enrolled at the time of the entry of any temporary order for 9 custody. 10 Sec. 2. Section 598.41, subsection 3, Code 2009, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . k. The educational setting of any minor 13 child. There is a rebuttable presumption that it is in the 14 best interest of the minor child to remain in the educational 15 setting in which the minor child was enrolled during the school 16 year immediately preceding or in which the minor child is 17 enrolled at the time of the entry of any order for custody. 18 EXPLANATION 19 This bill provides that in determining temporary or final 20 custody orders for a minor child, the court is to consider the 21 educational setting of any minor child. The bill provides 22 that there is a rebuttable presumption that it is in the best 23 interest of the minor child to remain in the educational 24 setting in which the minor child was enrolled during the school 25 year immediately preceding or at the time of entry of the 26 temporary or final custody order. 27 -1- LSB 6007HH (2) 83 pf/nh 1/ 1