House File 442 - Introduced HOUSE FILE 442 BY GASSMAN A BILL FOR An Act relating to marriage and divorce, and including 1 effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2452YH (4) 86 pf/nh
H.F. 442 DIVISION I 1 COVENANT MARRIAGE 2 Section 1. Section 331.602, Code 2015, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 39A. Record all declarations of intent 5 pursuant to chapter 595A that are presented to the recorder’s 6 office for recording, upon payment of a fee in accordance with 7 section 331.604. 8 Sec. 2. NEW SECTION . 595.3B Certificate of marriage —— 9 covenant marriage designation. 10 In addition to any other information contained in a 11 certificate of marriage, the certificate of marriage shall 12 include a section to allow the parties to designate the 13 marriage as a covenant marriage. 14 Sec. 3. NEW SECTION . 595.3C Covenant marriage —— 15 information pamphlet. 16 The county registrar shall provide each applicant for a 17 marriage license with a copy of the informational pamphlet 18 on covenant marriage prepared by the office of the attorney 19 general pursuant to section 595A.6. 20 Sec. 4. NEW SECTION . 595.14 Covenant marriage —— 21 declaration return. 22 If the parties wish to designate the marriage a covenant 23 marriage, after the marriage has been solemnized, the 24 officiating minister or magistrate shall return the completed 25 certificate of marriage with the section designating the 26 marriage as a covenant marriage clearly indicated to the county 27 registrar in the county in which the parties applied for a 28 license to marry, within fifteen days of the solemnization. 29 Additionally, the parties to the marriage shall record the 30 declaration of intent with the county recorder in the county in 31 which the parties applied for the license to marry, and shall 32 pay the fee in accordance with section 331.604. 33 Sec. 5. NEW SECTION . 595A.1 Covenant marriage —— intent —— 34 conditions to create. 35 -1- LSB 2452YH (4) 86 pf/nh 1/ 15
H.F. 442 1. The parties who intend to enter a covenant marriage shall 1 execute a declaration of intent to contract a covenant marriage 2 as provided in section 595A.2. 3 2. A covenant marriage is a contract entered into by two 4 parties who understand and agree that the marriage between them 5 is a lifelong relationship, as indicated in the declaration of 6 intent signed by both parties. Parties to a covenant marriage 7 shall receive premarital education prior to entering the 8 covenant marriage which emphasizes the nature and purposes of 9 marriage and the responsibilities of marriage. Only when there 10 has been a complete and total breach of the marital covenant 11 contract shall the nonbreaching party be allowed to seek a 12 declaration that the marriage is no longer legally recognized. 13 3. Parties to a covenant marriage shall receive at least 14 twelve hours of premarital education that is provided by a 15 licensed or ordained minister, or the minister’s designee, 16 a person authorized to solemnize marriages under section 17 595.10, a psychologist licensed pursuant to chapter 154B, or 18 a marital and family therapist licensed pursuant to chapter 19 154D. The education provided shall include a discussion of the 20 seriousness of marriage and that it is a commitment for life, 21 the teaching of communication skills, the teaching of conflict 22 management skills, and a discussion of the obligation to seek 23 marital counseling in times of marital difficulties. 24 4. The declaration of intent to enter a covenant marriage 25 is aspirational only and a failure by a party to comply with 26 the statements contained in the declaration does not constitute 27 additional grounds for dissolution of a covenant marriage 28 beyond those provided in section 595A.4. 29 Sec. 6. NEW SECTION . 595A.2 Covenant marriage —— contents 30 of declaration of intent. 31 1. A declaration of intent to contract a covenant marriage 32 shall contain all of the following: 33 a. A statement by the parties to the following effect: 34 “We, (names of both parties), solemnly declare our intent to 35 -2- LSB 2452YH (4) 86 pf/nh 2/ 15
H.F. 442 enter into a covenant marriage and we agree to live together 1 as spouses as long as we both live. We have chosen each other 2 carefully and voluntarily accept the exclusive grounds for 3 dissolution of a covenant marriage. We have received the 4 required premarital education, which included a discussion of 5 the seriousness of marriage and that it is a commitment for 6 life, the teaching of communication skills, the teaching of 7 conflict management skills, and a discussion of the obligation 8 to seek marital counseling in times of marital difficulties. 9 We have read the pamphlet regarding covenant marriage and 10 understand that a covenant marriage is for life. If either 11 of us experiences serious difficulties with the marriage, we 12 accept the ethical responsibility to inform the other spouse 13 about the extent of those problems in time for corrective 14 action to be taken and will make all reasonable efforts to 15 preserve our marriage, including participation in marital 16 counseling.” 17 b. A statement from the person who provided the premarital 18 education to the following effect: 19 “I, (name of provider), confirm that (names of both parties 20 to the marriage) received at least twelve hours of premarital 21 education that complies with Iowa Code section 595A.1. I am 22 a licensed or ordained minister, the minister’s designee, 23 a person authorized to solemnize marriages under Iowa Code 24 section 595.10, a psychologist licensed pursuant to Iowa Code 25 chapter 154B, or a marital and family therapist licensed 26 pursuant to Iowa Code chapter 154D.” 27 c. (1) The signature of both parties, witnessed by a notary 28 public. 29 (2) If one or both of the parties are minors, the written 30 consent or authorization of those persons required under 31 section 595.2 to consent to or authorize the marriage of 32 minors. 33 2. The declaration of intent shall be prepared in duplicate 34 originals, one of which shall be retained by the parties and 35 -3- LSB 2452YH (4) 86 pf/nh 3/ 15
H.F. 442 the other of which shall be returned to the county recorder of 1 the county in which the parties applied for a license to marry. 2 Sec. 7. NEW SECTION . 595A.3 Covenant marriage —— 3 applicability to existing marriages. 4 1. On or after January 1, 2016, married parties may 5 designate their marriage as a covenant marriage by executing a 6 declaration of intent in accordance with this section and by 7 complying with the other requirements of this chapter. 8 2. The married parties wishing to designate their marriage 9 as a covenant marriage shall record a duplicate original of the 10 declaration of intent with the county recorder in the county in 11 which the parties reside and shall pay the fee in accordance 12 with section 331.604. The county recorder shall make a 13 notation on the declaration of intent identifying the source of 14 issuance of the original marriage license of the parties. 15 3. A declaration of intent to designate an existing marriage 16 as a covenant marriage shall contain all of the following: 17 a. A statement by the parties to the following effect: 18 “We, (names of both parties), solemnly declare that our 19 marriage is a covenant marriage and we agree to live together 20 as spouses as long as we both live. We voluntarily accept the 21 exclusive grounds for dissolution of a covenant marriage. We 22 have received the required marital education, which included 23 a discussion of the obligation to seek marital counseling 24 in times of marital difficulties and an explanation of the 25 exclusive grounds for dissolving a covenant marriage. We have 26 read the informational pamphlet regarding covenant marriage and 27 understand that a covenant marriage is for life. If either 28 of us experiences serious difficulties with the marriage, we 29 accept the ethical responsibility to inform the other spouse 30 about the extent of those problems in time for corrective 31 action to be taken and will make all reasonable efforts to 32 preserve our marriage, including participation in marital 33 counseling. With full knowledge of what this commitment means, 34 we declare that our marriage will be bound by the state law on 35 -4- LSB 2452YH (4) 86 pf/nh 4/ 15
H.F. 442 covenant marriage and we promise to love, honor, and care for 1 one another as spouses for the rest of our lives.” 2 b. A statement from the person who provided the marital 3 education to the following effect: 4 “I, (name of provider), confirm that (names of both parties 5 to the marriage) received marital education that complies 6 with Iowa Code section 595A.1. I am a licensed or ordained 7 minister, the minister’s designee, a person authorized 8 to solemnize marriages under Iowa Code section 595.10, a 9 psychologist licensed pursuant to Iowa Code chapter 154B, or 10 a marital and family therapist licensed pursuant to Iowa Code 11 chapter 154D.” 12 c. The signature of both parties, witnessed by a notary 13 public. 14 4. Parties who wish to designate their marriage as a 15 covenant marriage shall receive at least twelve hours of 16 marital education. The marital education provided shall be 17 provided by a licensed or ordained minister, or the minister’s 18 designee, a person authorized to solemnize marriages under 19 section 595.10, a psychologist licensed pursuant to chapter 20 154B, or a marital and family therapist licensed pursuant 21 to chapter 154D. The education provided shall include a 22 discussion of the obligation to seek marital counseling 23 in times of marital difficulties and an explanation of the 24 exclusive grounds for dissolution of a covenant marriage. The 25 educator shall provide the parties with the informational 26 pamphlet on covenant marriage developed by the office of the 27 attorney general pursuant to section 595A.6. 28 Sec. 8. NEW SECTION . 595A.4 Dissolution of a covenant 29 marriage —— exclusive grounds. 30 1. Notwithstanding any other law to the contrary, and 31 subsequent to the parties obtaining marital counseling, a party 32 to a covenant marriage may obtain a dissolution of marriage 33 only upon proof of any of the following: 34 a. The other party has committed adultery. 35 -5- LSB 2452YH (4) 86 pf/nh 5/ 15
H.F. 442 b. The other party has committed a felony and has been 1 sentenced to imprisonment. 2 c. The other party has abandoned the matrimonial domicile 3 for a period of at least one year and refuses to return. 4 d. The other party has physically or sexually abused the 5 party seeking the dissolution or a child of one of the parties. 6 e. The parties have been living separate and apart 7 continuously without reconciliation for a period of at least 8 two years. 9 2. Notwithstanding subsection 1, a party to a covenant 10 marriage may obtain a dissolution of marriage without providing 11 proof of any of the grounds specified under subsection 1 if the 12 parties agree to the dissolution and there are no children of 13 the marriage. 14 3. In a11 proceedings for dissolution of marriage pursuant 15 to subsection 1, the court may issue an order of temporary 16 support and maintenance during the pendency of the proceedings. 17 Notwithstanding the time period requirements of the grounds 18 specified pursuant to subsection 1, paragraph “c” or “e”, 19 a party to a covenant marriage may petition the court for 20 separate support and maintenance prior to the elapsing of the 21 specified time period. 22 4. In all proceedings for dissolution of marriage pursuant 23 to subsection 1, the court shall order the parties to complete 24 at least twelve hours of marital counseling that involves both 25 parties and emphasizes the principles of reconciliation. The 26 court may require the parties to pay an equal share of the 27 costs of the counseling or may apportion the cost between the 28 parties based on the ability to pay. The counseling shall be 29 provided by a licensed or ordained minister or the minister’s 30 designee, a person authorized to solemnize a marriage pursuant 31 to section 595.10, a psychologist licensed pursuant to chapter 32 154B, or a marital and family therapist licensed pursuant 33 to chapter 154D. The court may waive all or part of the 34 counseling requirement to the extent the parties have already 35 -6- LSB 2452YH (4) 86 pf/nh 6/ 15
H.F. 442 received the required twelve hours of marital education within 1 one year of the petition for dissolution of marriage. 2 Sec. 9. NEW SECTION . 595A.5 Covenant marriage —— other 3 applicable laws. 4 1. A covenant marriage shall be governed by all of the 5 provisions of chapter 595 which do not conflict with this 6 chapter. 7 2. A dissolution of a covenant marriage shall be governed by 8 all of the provisions of chapter 598 which do not conflict with 9 this chapter. 10 Sec. 10. NEW SECTION . 595A.6 Attorney general —— pamphlet. 11 Prior to July 1, 2015, the office of the attorney general 12 shall develop an informational pamphlet entitled “Covenant 13 Marriage Option” which shall outline in sufficient detail 14 the requirements for entering into a covenant marriage or 15 designating an existing marriage as a covenant marriage, 16 the implications of entering into a covenant marriage or 17 designating an existing marriage as a covenant marriage, the 18 grounds for dissolution of a covenant marriage, and the legal 19 differences between a covenant marriage and a noncovenant 20 marriage. The informational pamphlet shall be made available 21 to all offices of the county registrar and to all persons who 22 provide premarital and marital education under this chapter. 23 Sec. 11. EFFECTIVE UPON ENACTMENT. The section of this 24 division of this Act enacting section 595A.6, relating to the 25 pamphlet to be developed by the attorney general, being deemed 26 of immediate importance, takes effect upon enactment. 27 DIVISION II 28 DISSOLUTION PROCEEDINGS 29 Sec. 12. Section 598.1, Code 2015, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 2A. “Educational setting” means a public 32 school, an accredited nonpublic school, competent private 33 instruction in accordance with the provisions of chapter 299A, 34 or any other method of educational instruction that satisfies 35 -7- LSB 2452YH (4) 86 pf/nh 7/ 15
H.F. 442 the compulsory education requirements of chapter 299. 1 Sec. 13. Section 598.10, subsection 1, Code 2015, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . c. If the parents are in disagreement over a 4 minor child’s educational setting, the court shall consider the 5 educational setting of the minor child in making a temporary 6 order for custody. There is a rebuttable presumption that 7 it is in the best interest of the minor child to remain in 8 the educational setting in which the minor child was enrolled 9 during the immediately preceding school year. 10 Sec. 14. Section 598.12, Code 2015, is amended to read as 11 follows: 12 598.12 Attorney or guardian ad litem for minor child —— 13 investigations —— psychologist evaluation . 14 1. The court may appoint an attorney to represent the legal 15 interests of the minor child or children of the parties. The 16 attorney shall be empowered to make independent investigations 17 and to cause witnesses to appear and testify before the court 18 on matters pertinent to the legal interests of the children. 19 2. The court may appoint a guardian ad litem to represent 20 the best interests of the minor child or children of the 21 parties. 22 a. Unless otherwise enlarged or circumscribed by a court 23 or juvenile court having jurisdiction over the child or by 24 operation of law, the duties of a guardian ad litem with 25 respect to a child shall include all of the following: 26 (1) Conducting general in-person interviews with the 27 child, if the child’s age is appropriate for the interview, 28 and interviewing each parent, guardian, or other person having 29 custody of the child, if authorized by the person’s legal 30 counsel. 31 (2) Conducting interviews with the child, if the child’s age 32 is appropriate for the interview, prior to any court-ordered 33 hearing. 34 (3) Visiting the home, residence, or both home and residence 35 -8- LSB 2452YH (4) 86 pf/nh 8/ 15
H.F. 442 of the child and any prospective home or residence of the 1 child, including visiting the home or residence or prospective 2 home or residence each time placement is changed. 3 (4) Interviewing any person providing medical, mental 4 health, social, educational, or other services to the child, 5 prior to any court-ordered hearing. 6 (5) Obtaining firsthand knowledge, if possible, of facts, 7 circumstances, and parties involved in the matter in which the 8 person is appointed guardian ad litem. 9 (6) Attending any hearings in the matter in which the person 10 is appointed guardian ad litem. 11 b. The order appointing the guardian ad litem shall grant 12 authorization to the guardian ad litem to interview any 13 relevant person and inspect and copy any records relevant to 14 the proceedings, if not prohibited by federal law. The order 15 shall specify that the guardian ad litem may interview any 16 person providing medical, mental health, social, educational, 17 or other services to the child; may attend any meeting with 18 the medical or mental health providers, service providers, 19 organizations, or educational institutions regarding the child, 20 if deemed necessary by the guardian ad litem; and may inspect 21 and copy any records relevant to the proceedings. 22 3. The same person may serve both as the child’s legal 23 counsel and as guardian ad litem. However, the court may 24 appoint a separate guardian ad litem, if the same person cannot 25 properly represent the legal interests of the child as legal 26 counsel and also represent the best interests of the child as 27 guardian ad litem, or a separate guardian ad litem is required 28 to fulfill the requirements of subsection 2 . 29 4. The court may require that an appropriate agency make an 30 investigation of both parties regarding the home conditions, 31 parenting capabilities, and other matters pertinent to the best 32 interests of the child or children in a dispute concerning 33 custody of the child or children. The investigation report 34 completed by the appropriate agency shall be submitted to the 35 -9- LSB 2452YH (4) 86 pf/nh 9/ 15
H.F. 442 court and available to both parties. The investigation report 1 completed by the appropriate agency shall be a part of the 2 record unless otherwise ordered by the court. 3 5. The court shall order an evaluation of the child by a 4 child psychologist. The results of the evaluation shall be 5 submitted to the court and available to both parties. The 6 evaluation completed by the child psychologist shall be part of 7 the record unless otherwise ordered by the court. 8 5. 6. The court shall enter an order in favor of the 9 attorney, the guardian ad litem, or an appropriate agency , or 10 the child psychologist for fees and disbursements, and the 11 amount shall be charged against the party responsible for court 12 costs unless the court determines that the party responsible 13 for costs is indigent, in which event the fees shall be borne 14 by the county. 15 Sec. 15. Section 598.15, subsection 5, Code 2015, is amended 16 to read as follows: 17 5. Each judicial district shall certify approved courses 18 for parties required to participate in a course under this 19 section . Approved courses may include those provided by a 20 public or private entity. At a minimum and as appropriate, 21 an approved course shall include information relating to the 22 parents regarding divorce and its impact on the children and 23 family relationship, parenting skills for divorcing parents, 24 children’s needs and coping techniques, and the financial 25 responsibilities of parents following divorce. Each judicial 26 district shall certify an approved course to be available in 27 video format for viewing where court is held at each county 28 seat and in an on-demand format to be viewed at the residence 29 of a party. 30 Sec. 16. Section 598.21A, Code 2015, is amended by adding 31 the following new subsection: 32 NEW SUBSECTION . 1A. Unemployed party —— vocational 33 assessment. If a party seeking support is not employed, the 34 court shall order a vocational assessment of the party, and 35 -10- LSB 2452YH (4) 86 pf/nh 10/ 15
H.F. 442 if the assessment determines there are positions available 1 consistent with the party’s skills but the party has not sought 2 employment, the court shall assign a potential income to the 3 party based on the type of position identified and shall adjust 4 any award of support accordingly. 5 Sec. 17. Section 598.41, subsection 1, paragraph a, Code 6 2015, is amended to read as follows: 7 a. The court may shall provide for joint custody of 8 the child by the parties , unless the court cites clear and 9 convincing evidence pursuant to the factors in subsection 10 3, that joint custody is unreasonable and not in the best 11 interest of the child to the extent that the legal custodial 12 relationship between the child and a parent should be severed . 13 The court, insofar as is reasonable and in the best interest 14 of the child, shall order the custody award, including liberal 15 visitation rights where appropriate, which will assure the 16 child the opportunity for the maximum continuing physical and 17 emotional contact with both parents after the parents have 18 separated or dissolved the marriage, and which will encourage 19 parents to share the rights and responsibilities of raising the 20 child unless direct physical harm or significant emotional harm 21 to the child, other children, or a parent is likely to result 22 from such contact with one parent. 23 Sec. 18. Section 598.41, Code 2015, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 4A. If the court awards joint legal custody 26 to the parents, but the parents are in disagreement over a 27 minor child’s educational setting, the court shall consider, 28 and include a provision in the custody order regarding, the 29 educational setting of the minor child. There is a rebuttable 30 presumption that it is in the best interest of the minor child 31 to remain in the educational setting in which the minor child 32 was enrolled during the immediately preceding school year. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -11- LSB 2452YH (4) 86 pf/nh 11/ 15
H.F. 442 the explanation’s substance by the members of the general assembly. 1 This bill relates to marriage and dissolution of marriage 2 proceedings. 3 Division I of the bill establishes the procedure and 4 requirements for a covenant marriage. The bill requires the 5 county registrar to provide each applicant for a marriage 6 license with an informational pamphlet on covenant marriage, 7 prepared by the office of the attorney general. The bill 8 requires the certificate of marriage to include a place to 9 allow the parties to designate the marriage as a covenant 10 marriage. After the marriage is solemnized, the officiating 11 minister or magistrate is directed to return the completed 12 certificate of marriage with the section designating the 13 marriage a covenant marriage clearly indicated to the county 14 registrar in the county in which the parties applied for 15 a license to marry, within 15 days of the solemnization. 16 Additionally, the parties are directed to record the 17 declaration of intent with the county recorder in the county in 18 which the parties applied for the license to marry. 19 The bill describes a covenant marriage, requires that the 20 parties to a covenant marriage complete at least 12 hours of 21 premarital education, and provides that the declaration of 22 intent to enter a covenant marriage is aspirational and failure 23 of a party to comply with the statements included in the 24 declaration does not provide additional grounds for dissolution 25 beyond those provided in the bill. 26 The bill specifies the content of the declaration of intent 27 and requires a statement relating to the intent of the parties 28 to designate their marriage as a covenant marriage, requires a 29 statement from the person who provided the premarital education 30 relating to confirmation of the completion by the parties of 31 the required education, and requires the signature of each 32 party, or if one or both of the parties are minors, the written 33 consent or authorization of those persons designated by law to 34 provide consent or authorization. The declaration of intent is 35 -12- LSB 2452YH (4) 86 pf/nh 12/ 15
H.F. 442 to be prepared in duplicate originals with one original being 1 retained by the parties and one original being filed with the 2 county recorder in the county in which the parties applied for 3 the license to marry. 4 The bill also provides a procedure for parties to an existing 5 marriage on or after January 1, 2016, to designate their 6 marriage as a covenant marriage. 7 The bill provides the exclusive grounds for obtaining a 8 dissolution of a covenant marriage which include: that a 9 party commits adultery, commits a felony and is imprisoned, 10 abandons the matrimonial domicile for at least one year and 11 refuses to return, physically or sexually abuses the other 12 party or a child of one of the parties, or is living separate 13 and apart continuously without reconciliation for a period of 14 at least two years. The bill provides that notwithstanding the 15 exclusive grounds specified, a party to a covenant marriage may 16 obtain a dissolution if the parties agree to the dissolution 17 and there are no children of the marriage. In all proceedings 18 for dissolution based on a covenant marriage, the court is to 19 order the parties to complete at least 12 hours of marital 20 counseling. The court may waive the requirement to the 21 extent that the parties have already completed other required 22 education. 23 The bill provides that nonconflicting provisions of the 24 marriage chapter (Code chapter 595) and the dissolution chapter 25 (Code chapter 598) apply to covenant marriages. 26 The bill directs the office of the attorney general, prior to 27 July 1, 2015, to develop a pamphlet entitled “Covenant Marriage 28 Option” to outline the requirements of a covenant marriage, 29 the implications of entering into a covenant marriage, the 30 grounds for dissolution of a covenant marriage, and the legal 31 differences between covenant and noncovenant marriages. The 32 pamphlet is to be available at the offices of the county 33 registrar and to all persons who provide premarital and marital 34 education. This section of this division of the bill takes 35 -13- LSB 2452YH (4) 86 pf/nh 13/ 15
H.F. 442 effect upon enactment. 1 Division II of the bill relates to dissolution of marriage 2 proceedings. 3 This division of the bill provides that in determining 4 temporary custody orders or the award of joint legal custody 5 for a minor child, if the parents are in disagreement over the 6 minor child’s educational setting, the court is to consider 7 the educational setting of the minor child. In the case of 8 awarding joint legal custody, the court is also to include a 9 provision in the order regarding the educational setting of 10 the minor child. There is a rebuttable presumption that it 11 is in the best interest of the minor child to remain in the 12 educational setting in which the minor child was enrolled 13 during the immediately preceding school year. The division 14 also defines “educational setting”. 15 The division requires the court in a dissolution of 16 marriage action to order an evaluation of the child by a 17 child psychologist. The results of the evaluation are to be 18 submitted to the court and be available to both parties. The 19 evaluation completed by the child psychologist is to be part of 20 the record unless otherwise ordered by the court. The court is 21 also directed to provide for payment of the child psychologist 22 charged against the party responsible for court costs unless 23 the court determines that the party responsible for costs is 24 indigent, in which event the fees shall be borne by the county. 25 The division directs each judicial district to certify a 26 court-approved course to educate and sensitize the parties to 27 the needs of any child or party during and subsequent to the 28 proceeding to be available in video format for viewing where 29 court is held at each county seat and in an on-demand format to 30 be viewed at the residence of a party. 31 The division also provides that if a party seeking support is 32 not employed, the court shall order a vocational assessment of 33 the party, and if the assessment determines there are positions 34 available consistent with the party’s skills but the party 35 -14- LSB 2452YH (4) 86 pf/nh 14/ 15
H.F. 442 has not sought employment, the court shall assign a potential 1 income to the party based on the type of position identified 2 and shall adjust any award of support accordingly. 3 The division requires the court to provide for joint custody 4 of the child by the parties unless the court cites clear and 5 convincing evidence pursuant to the factors specified for 6 consideration by the court in determining the best interest 7 of the child, that joint custody is unreasonable and not in 8 the best interest of the child to the extent that the legal 9 custodial relationship between the child and a parent should 10 be severed. 11 -15- LSB 2452YH (4) 86 pf/nh 15/ 15