Amendment S-5070 to SF 571

Filed March 10, 2020 in the Senate by Sen. Julian B. Garrett (R)

What it changes

1. Page 1, line 1, by striking “2019” and inserting “2020”
2. Page 1, line 21, by striking “2019” and inserting “2020”
3. Page 2, line 15, by striking “2019” and inserting “2020”
4. By striking page 2, line 31, through page 4, line 2, and inserting: “Sec. ___. Section 598.41, subsection 3, Code 2020, is amended to read as follows:
5. In considering what custody arrangement under subsection 2 is in the best interest of the minor child, the court shall consider the following factors: a. Whether each parent would be a suitable custodian for the child. b. Whether the psychological and emotional needs and development of the child will suffer due to lack of active contact with and attention from both parents. c. Whether the parents can communicate with each other regarding the child’s needs. d. Whether both parents have actively cared for the child before and since the separation. e. Whether each parent can support the other parent’s relationship with the child. f. Whether the custody arrangement is in accord with the child’s wishes or whether the child has strong opposition, taking into consideration the child’s age and maturity. g. Whether one or both of the parents agree or are opposed to joint custody. h. g. The geographic proximity of the parents. i. h. Whether the safety of the child, other children, or the other parent will be jeopardized by the awarding of joint custody or by unsupervised or unrestricted visitation. j. i. Whether a history of domestic abuse, as defined in section 236.2 , exists. In determining whether a history of domestic abuse exists, the court’s consideration shall include but is not limited to commencement of an action pursuant to section 236.3 , the issuance of a protective order against the parent or the issuance of a court order or consent agreement pursuant to section 236.5 , the issuance of an emergency order pursuant to section 236.6 , the holding of a parent in contempt pursuant to section 664A.7 , the response of a peace officer to the scene of alleged domestic abuse or the arrest of a parent following response to a report of alleged domestic abuse, or a conviction for domestic abuse assault pursuant to section 708.2A . k. j. Whether a parent has allowed a person custody or control of, or unsupervised access to a child after knowing the person is required to register or is on the sex offender registry as a sex offender under chapter 692A .”
6. Page 4, line 4, by striking “2019” and inserting “2020”
7. Page 4, line 32, by striking “2019” and inserting “2020”
8. Page 5, after line 9 by inserting: “Sec. ___. Section 633.560A, subsection 1, Code 2020, is amended to read as follows:
9. The district court may, on its own motion or on the motion of any party, order the parties to participate in mediation in any guardianship or conservatorship action. Mediation performed under this section shall comply with the provisions of chapter 679C . The court shall, upon application of a party, grant a waiver from any court-ordered mediation under this section if the party demonstrates that a history of domestic abuse exists similarly as considered in section 598.41, subsection 3 , paragraph “j” “i” . The court may, upon application of a party, grant a waiver from any court-ordered mediation if the action involves elder abuse pursuant to chapter 235F .”
10. By renumbering as necessary.

Official amendment (PDF) · In the Bill Book