House File 2014 - Introduced HOUSE FILE 2014 BY GEARHART A BILL FOR An Act relating to child preference for physical care of 1 the child and parental visitation rights, and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5097YH (5) 91 dg/ko

H.F. 2014 Section 1. Section 598.21C, subsection 1, Code 2026, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0l. Changes in the physical care or 3 visitation ordered by the court pursuant to section 598.41, 4 subsection 8A. 5 Sec. 2. Section 598.41, Code 2026, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 8A. a. Notwithstanding any other provision 8 of this section to the contrary, a child who is sixteen years 9 of age or older shall have the right to request a hearing to 10 modify an order issued by a court establishing physical care of 11 the child, visitation rights, or both, to the child. 12 b. At a hearing under paragraph “a” , a court shall modify 13 the order establishing physical care of the child, visitation 14 rights, or both as appropriate to grant the child’s preference 15 for physical care of the child, visitation rights, or both, 16 unless the court finds by clear and convincing evidence that 17 any of the following circumstances exist: 18 (1) The child’s preference is a result of coercion. 19 (2) The child would be in imminent danger if the court 20 grants the child’s preference. 21 (3) Either of the child’s parents would be effectively 22 prohibited from exercising the parent’s right to raise 23 the child. When determining whether the parent would be 24 effectively prohibited from exercising the parent’s right to 25 raise the child, the court shall consider all of the following: 26 (a) How often each parent would be able to visit the child 27 if the court granted the child’s preference. 28 (b) How often each parent has violated any existing orders 29 establishing physical care of the child and visitation rights. 30 (c) Each parent’s ability to make decisions affecting the 31 child’s education, health care, and other significant life 32 choices as compared to the other parent. 33 (d) Each parent’s ability to spend time with the child 34 without significantly disrupting the child’s established 35 -1- LSB 5097YH (5) 91 dg/ko 1/ 2

H.F. 2014 routine. 1 (e) Other factors the court deems relevant. 2 c. Nothing in this subsection shall be construed to limit a 3 court’s authority to enter protective orders or other orders 4 necessary to protect the welfare of a child. 5 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 6 importance, takes effect upon enactment. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to child preference for physical care of 11 the child and visitation rights. 12 The bill permits a child who is 16 years of age or older 13 to request a hearing to modify an order issued by a court 14 establishing custody rights, visitation rights, or both to the 15 child. 16 The bill requires a court to modify an order establishing 17 physical care of the child, visitation rights, or both, to 18 grant the child’s preference for physical care and visitation 19 rights unless the court finds by clear and convincing evidence 20 that the child’s preference is a result of coercion, the child 21 would be harmed if the court issued an order granting the 22 child’s preference, or either of the child’s parents would be 23 effectively prohibited from exercising the parent’s right to 24 raise the child. The bill lists several factors a court must 25 consider when determining whether a parent would be effectively 26 prohibited from exercising the parent’s right to raise the 27 child. 28 The bill shall not be construed to limit a court’s authority 29 to enter protective orders or other orders necessary to protect 30 the welfare of a child. 31 The bill makes a conforming change to Code section 598.21C, 32 subsection 1. 33 The bill takes effect upon enactment. 34 -2- LSB 5097YH (5) 91 dg/ko 2/ 2