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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
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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
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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
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