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House File 126 - IntroducedA Bill ForAn Act 1requiring a court to consider the statement of a
2child, who is the subject of a child custody determination,
3regarding the custody arrangement.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 598.41, subsection 2, paragraph d, Code
22017, is amended to read as follows:
3d. Before ruling upon the joint custody petition in these
4cases, unless the court determines that a history of domestic
5abuse exists as specified in subsection 3, paragraph “j”,
6or unless the court determines that direct physical harm or
7significant emotional harm to the child, other children, or a
8parent is likely to result, the court may require the parties
9to participate in custody mediation to determine whether
10joint custody is in the best interest of the child. The
11court shall consider the statement of the child, who is the
12subject of the child custody mediation, regarding the custody
13arrangement. The child’s statement may be provided orally,
14during an in-camera hearing, or submitted in writing by the
15mediator. The court may require the child’s participation
16in the mediation insofar as the court determines the child’s
17participation is advisable.
18 Sec. 2. Section 598.41, subsection 3, paragraph f, Code
192017, is amended to read as follows:
20f. Whether the custody arrangement is in accord with the
21child’s wishes or whether the child has strong opposition,
22taking into consideration the child’s age and maturity. In
23determining the child’s wishes or strong opposition regarding
24the custody arrangement, the court shall consider the child’s
25statement regarding the child’s wishes or strong opposition.
26The child’s statement may be provided to the court orally, in
27open court or in-camera, or submitted to the court in writing.
28 Sec. 3. Section 598.41, subsection 8, Code 2017, is amended
29to read as follows:
308. If an application for modification of a decree or
31a petition for modification of an order is filed, based
32upon differences between the parents regarding the custody
33arrangement established under the decree or order, unless the
34court determines that a history of domestic abuse exists as
35specified in subsection 3, paragraph “j”, or unless the court
-1-1determines that direct physical harm or significant emotional
2harm to the child, other children, or a parent is likely to
3result, the court may require the parents to participate in
4mediation to attempt to resolve the differences between the
5parents. The court shall consider the statement of a child,
6who is the subject of the child custody mediation, regarding
7the custody arrangement. The child’s statement may be provided
8orally, during an in-camera hearing, or submitted in writing by
9the mediator.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill requires the court to consider the statement of a
14child, who is the subject of a custody determination, regarding
15the child custody arrangement.
16The bill requires that before ruling on a joint custody
17petition in cases in which a parent applies for joint custody
18but the parents do not agree to joint custody and the parents
19are required to participate in custody mediation, the court
20is to consider the statement of the child who is the subject
21of the child custody mediation. The child’s statement may be
22provided orally, during an in-camera hearing, or submitted in
23writing by the mediator.
24The bill also requires that in determining the custody
25arrangement that is in the best interest of the child in cases
26in which a parent applies for joint custody but the parents do
27not agree to joint custody, in considering whether the custody
28arrangement is in accord with the child’s wishes or whether
29the child has strong opposition, the court shall consider the
30child’s statement. The statement may be provided to the court
31orally, in open court or in-camera, or submitted to the court
32in writing.
33The bill provides that if an application for modification
34of a decree or a petition for modification of an order is
35filed, based upon differences between the parents regarding
-2-1the custody arrangement established under the decree or order,
2and if the parents are required to participate in mediation to
3attempt to resolve the differences between the parents, the
4court shall consider the statement of the child, who is the
5subject of the child custody mediation, regarding the custody
6arrangement. The statement may be provided orally, during an
7in-camera hearing, or submitted in writing by the mediator.
-3-pf/nh
2child, who is the subject of a child custody determination,
3regarding the custody arrangement.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 598.41, subsection 2, paragraph d, Code
22017, is amended to read as follows:
3d. Before ruling upon the joint custody petition in these
4cases, unless the court determines that a history of domestic
5abuse exists as specified in subsection 3, paragraph “j”,
6or unless the court determines that direct physical harm or
7significant emotional harm to the child, other children, or a
8parent is likely to result, the court may require the parties
9to participate in custody mediation to determine whether
10joint custody is in the best interest of the child. The
11court shall consider the statement of the child, who is the
12subject of the child custody mediation, regarding the custody
13arrangement. The child’s statement may be provided orally,
14during an in-camera hearing, or submitted in writing by the
15mediator. The court may require the child’s participation
16in the mediation insofar as the court determines the child’s
17participation is advisable.
18 Sec. 2. Section 598.41, subsection 3, paragraph f, Code
192017, is amended to read as follows:
20f. Whether the custody arrangement is in accord with the
21child’s wishes or whether the child has strong opposition,
22taking into consideration the child’s age and maturity. In
23determining the child’s wishes or strong opposition regarding
24the custody arrangement, the court shall consider the child’s
25statement regarding the child’s wishes or strong opposition.
26The child’s statement may be provided to the court orally, in
27open court or in-camera, or submitted to the court in writing.
28 Sec. 3. Section 598.41, subsection 8, Code 2017, is amended
29to read as follows:
308. If an application for modification of a decree or
31a petition for modification of an order is filed, based
32upon differences between the parents regarding the custody
33arrangement established under the decree or order, unless the
34court determines that a history of domestic abuse exists as
35specified in subsection 3, paragraph “j”, or unless the court
-1-1determines that direct physical harm or significant emotional
2harm to the child, other children, or a parent is likely to
3result, the court may require the parents to participate in
4mediation to attempt to resolve the differences between the
5parents. The court shall consider the statement of a child,
6who is the subject of the child custody mediation, regarding
7the custody arrangement. The child’s statement may be provided
8orally, during an in-camera hearing, or submitted in writing by
9the mediator.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill requires the court to consider the statement of a
14child, who is the subject of a custody determination, regarding
15the child custody arrangement.
16The bill requires that before ruling on a joint custody
17petition in cases in which a parent applies for joint custody
18but the parents do not agree to joint custody and the parents
19are required to participate in custody mediation, the court
20is to consider the statement of the child who is the subject
21of the child custody mediation. The child’s statement may be
22provided orally, during an in-camera hearing, or submitted in
23writing by the mediator.
24The bill also requires that in determining the custody
25arrangement that is in the best interest of the child in cases
26in which a parent applies for joint custody but the parents do
27not agree to joint custody, in considering whether the custody
28arrangement is in accord with the child’s wishes or whether
29the child has strong opposition, the court shall consider the
30child’s statement. The statement may be provided to the court
31orally, in open court or in-camera, or submitted to the court
32in writing.
33The bill provides that if an application for modification
34of a decree or a petition for modification of an order is
35filed, based upon differences between the parents regarding
-2-1the custody arrangement established under the decree or order,
2and if the parents are required to participate in mediation to
3attempt to resolve the differences between the parents, the
4court shall consider the statement of the child, who is the
5subject of the child custody mediation, regarding the custody
6arrangement. The statement may be provided orally, during an
7in-camera hearing, or submitted in writing by the mediator.
-3-pf/nh