Text: HF63            Text: HF65
Complete Bill History


House File 64

HOUSE FILE BY BODDICKER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to modification of a child custody order based on 2 exposure of the child to a cohabiting intimate partner. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1380YH 80 5 pf/sh/8 PAG LIN 1 1 Section 1. Section 598.21, Code 2003, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 8B. a. If a parent awarded joint legal 1 4 custody and physical care or sole legal custody exposes the 1 5 minor child to a cohabiting intimate partner, the court may 1 6 consider the exposure a substantial change in circumstances 1 7 and a basis for modification of the custody order. If the 1 8 court determines that the exposure of the minor child to a 1 9 cohabiting intimate partner is a substantial change in 1 10 circumstances, the court shall modify the custody order to 1 11 award physical care or sole legal custody to the other parent. 1 12 However, if a history of domestic abuse exists as described in 1 13 section 598.41, subsection 3, paragraph "j", the court shall 1 14 review the history of domestic abuse to determine if the 1 15 modification would be detrimental to the safety of the child, 1 16 other children, or a parent or would result in direct physical 1 17 harm or significant emotional harm to the child, other 1 18 children, or a parent. 1 19 b. For the purposes of this subsection: 1 20 (1) "Cohabiting intimate partner" means a person who meets 1 21 all of the following criteria: 1 22 (a) Is residing with the parent and the minor child. 1 23 (b) Is not married to the parent. 1 24 (c) Is participating in an intimate relationship with the 1 25 parent. 1 26 (2) "Intimate relationship" means a significant romantic 1 27 involvement that need not include sexual involvement. 1 28 EXPLANATION 1 29 This bill provides for modification of a custody order 1 30 based upon the exposure of a minor child to a cohabiting 1 31 intimate partner. The bill provides that if a parent awarded 1 32 joint legal custody and physical care or sole legal custody 1 33 exposes the minor child to a cohabiting intimate partner, the 1 34 court may consider the exposure a substantial change in 1 35 circumstances. If the court determines that the exposure of 2 1 the minor child to a cohabiting intimate partner is a 2 2 substantial change in circumstances, the court is directed to 2 3 modify the custody order to award physical care or sole legal 2 4 custody to the other parent. However, if a history of 2 5 domestic abuse exists, the court is directed to review the 2 6 history of domestic abuse to determine if the modification 2 7 would be detrimental to the safety of the child, other 2 8 children, or a parent or would result in direct physical harm 2 9 or significant emotional harm to the child, other children, or 2 10 a parent. The bill defines "cohabiting intimate partner" as a 2 11 person who is residing with the parent and the minor child, is 2 12 not married to the parent, and is participating in an intimate 2 13 relationship with the parent. The bill defines "intimate 2 14 relationship" as a significant romantic involvement that need 2 15 not include sexual involvement. 2 16 LSB 1380YH 80 2 17 pf/sh/8.1
Text: HF63            Text: HF65 Complete Bill History