Bill Text: IA HF442 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to marriage and divorce, and including effective date provisions.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2016-02-09 - Subcommittee, Paulsen, Windschitl, and Wolfe. H.J. 189. [HF442 Detail]
Download: Iowa-2015-HF442-Introduced.html
House File 442 - Introduced HOUSE FILE BY GASSMAN A BILL FOR 1 An Act relating to marriage and divorce, and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2452YH (4) 86 pf/nh PAG LIN 1 1 DIVISION I 1 2 COVENANT MARRIAGE 1 3 Section 1. Section 331.602, Code 2015, is amended by adding 1 4 the following new subsection: 1 5 NEW SUBSECTION. 39A. Record all declarations of intent 1 6 pursuant to chapter 595A that are presented to the recorder's 1 7 office for recording, upon payment of a fee in accordance with 1 8 section 331.604. 1 9 Sec. 2. NEW SECTION. 595.3B Certificate of marriage ==== 1 10 covenant marriage designation. 1 11 In addition to any other information contained in a 1 12 certificate of marriage, the certificate of marriage shall 1 13 include a section to allow the parties to designate the 1 14 marriage as a covenant marriage. 1 15 Sec. 3. NEW SECTION. 595.3C Covenant marriage ==== 1 16 information pamphlet. 1 17 The county registrar shall provide each applicant for a 1 18 marriage license with a copy of the informational pamphlet 1 19 on covenant marriage prepared by the office of the attorney 1 20 general pursuant to section 595A.6. 1 21 Sec. 4. NEW SECTION. 595.14 Covenant marriage ==== 1 22 declaration return. 1 23 If the parties wish to designate the marriage a covenant 1 24 marriage, after the marriage has been solemnized, the 1 25 officiating minister or magistrate shall return the completed 1 26 certificate of marriage with the section designating the 1 27 marriage as a covenant marriage clearly indicated to the county 1 28 registrar in the county in which the parties applied for a 1 29 license to marry, within fifteen days of the solemnization. 1 30 Additionally, the parties to the marriage shall record the 1 31 declaration of intent with the county recorder in the county in 1 32 which the parties applied for the license to marry, and shall 1 33 pay the fee in accordance with section 331.604. 1 34 Sec. 5. NEW SECTION. 595A.1 Covenant marriage ==== intent ==== 1 35 conditions to create. 2 1 1. The parties who intend to enter a covenant marriage shall 2 2 execute a declaration of intent to contract a covenant marriage 2 3 as provided in section 595A.2. 2 4 2. A covenant marriage is a contract entered into by two 2 5 parties who understand and agree that the marriage between them 2 6 is a lifelong relationship, as indicated in the declaration of 2 7 intent signed by both parties. Parties to a covenant marriage 2 8 shall receive premarital education prior to entering the 2 9 covenant marriage which emphasizes the nature and purposes of 2 10 marriage and the responsibilities of marriage. Only when there 2 11 has been a complete and total breach of the marital covenant 2 12 contract shall the nonbreaching party be allowed to seek a 2 13 declaration that the marriage is no longer legally recognized. 2 14 3. Parties to a covenant marriage shall receive at least 2 15 twelve hours of premarital education that is provided by a 2 16 licensed or ordained minister, or the minister's designee, 2 17 a person authorized to solemnize marriages under section 2 18 595.10, a psychologist licensed pursuant to chapter 154B, or 2 19 a marital and family therapist licensed pursuant to chapter 2 20 154D. The education provided shall include a discussion of the 2 21 seriousness of marriage and that it is a commitment for life, 2 22 the teaching of communication skills, the teaching of conflict 2 23 management skills, and a discussion of the obligation to seek 2 24 marital counseling in times of marital difficulties. 2 25 4. The declaration of intent to enter a covenant marriage 2 26 is aspirational only and a failure by a party to comply with 2 27 the statements contained in the declaration does not constitute 2 28 additional grounds for dissolution of a covenant marriage 2 29 beyond those provided in section 595A.4. 2 30 Sec. 6. NEW SECTION. 595A.2 Covenant marriage ==== contents 2 31 of declaration of intent. 2 32 1. A declaration of intent to contract a covenant marriage 2 33 shall contain all of the following: 2 34 a. A statement by the parties to the following effect: 2 35 "We, (names of both parties), solemnly declare our intent to 3 1 enter into a covenant marriage and we agree to live together 3 2 as spouses as long as we both live. We have chosen each other 3 3 carefully and voluntarily accept the exclusive grounds for 3 4 dissolution of a covenant marriage. We have received the 3 5 required premarital education, which included a discussion of 3 6 the seriousness of marriage and that it is a commitment for 3 7 life, the teaching of communication skills, the teaching of 3 8 conflict management skills, and a discussion of the obligation 3 9 to seek marital counseling in times of marital difficulties. 3 10 We have read the pamphlet regarding covenant marriage and 3 11 understand that a covenant marriage is for life. If either 3 12 of us experiences serious difficulties with the marriage, we 3 13 accept the ethical responsibility to inform the other spouse 3 14 about the extent of those problems in time for corrective 3 15 action to be taken and will make all reasonable efforts to 3 16 preserve our marriage, including participation in marital 3 17 counseling." 3 18 b. A statement from the person who provided the premarital 3 19 education to the following effect: 3 20 "I, (name of provider), confirm that (names of both parties 3 21 to the marriage) received at least twelve hours of premarital 3 22 education that complies with Iowa Code section 595A.1. I am 3 23 a licensed or ordained minister, the minister's designee, 3 24 a person authorized to solemnize marriages under Iowa Code 3 25 section 595.10, a psychologist licensed pursuant to Iowa Code 3 26 chapter 154B, or a marital and family therapist licensed 3 27 pursuant to Iowa Code chapter 154D." 3 28 c. (1) The signature of both parties, witnessed by a notary 3 29 public. 3 30 (2) If one or both of the parties are minors, the written 3 31 consent or authorization of those persons required under 3 32 section 595.2 to consent to or authorize the marriage of 3 33 minors. 3 34 2. The declaration of intent shall be prepared in duplicate 3 35 originals, one of which shall be retained by the parties and 4 1 the other of which shall be returned to the county recorder of 4 2 the county in which the parties applied for a license to marry. 4 3 Sec. 7. NEW SECTION. 595A.3 Covenant marriage ==== 4 4 applicability to existing marriages. 4 5 1. On or after January 1, 2016, married parties may 4 6 designate their marriage as a covenant marriage by executing a 4 7 declaration of intent in accordance with this section and by 4 8 complying with the other requirements of this chapter. 4 9 2. The married parties wishing to designate their marriage 4 10 as a covenant marriage shall record a duplicate original of the 4 11 declaration of intent with the county recorder in the county in 4 12 which the parties reside and shall pay the fee in accordance 4 13 with section 331.604. The county recorder shall make a 4 14 notation on the declaration of intent identifying the source of 4 15 issuance of the original marriage license of the parties. 4 16 3. A declaration of intent to designate an existing marriage 4 17 as a covenant marriage shall contain all of the following: 4 18 a. A statement by the parties to the following effect: 4 19 "We, (names of both parties), solemnly declare that our 4 20 marriage is a covenant marriage and we agree to live together 4 21 as spouses as long as we both live. We voluntarily accept the 4 22 exclusive grounds for dissolution of a covenant marriage. We 4 23 have received the required marital education, which included 4 24 a discussion of the obligation to seek marital counseling 4 25 in times of marital difficulties and an explanation of the 4 26 exclusive grounds for dissolving a covenant marriage. We have 4 27 read the informational pamphlet regarding covenant marriage and 4 28 understand that a covenant marriage is for life. If either 4 29 of us experiences serious difficulties with the marriage, we 4 30 accept the ethical responsibility to inform the other spouse 4 31 about the extent of those problems in time for corrective 4 32 action to be taken and will make all reasonable efforts to 4 33 preserve our marriage, including participation in marital 4 34 counseling. With full knowledge of what this commitment means, 4 35 we declare that our marriage will be bound by the state law on 5 1 covenant marriage and we promise to love, honor, and care for 5 2 one another as spouses for the rest of our lives." 5 3 b. A statement from the person who provided the marital 5 4 education to the following effect: 5 5 "I, (name of provider), confirm that (names of both parties 5 6 to the marriage) received marital education that complies 5 7 with Iowa Code section 595A.1. I am a licensed or ordained 5 8 minister, the minister's designee, a person authorized 5 9 to solemnize marriages under Iowa Code section 595.10, a 5 10 psychologist licensed pursuant to Iowa Code chapter 154B, or 5 11 a marital and family therapist licensed pursuant to Iowa Code 5 12 chapter 154D." 5 13 c. The signature of both parties, witnessed by a notary 5 14 public. 5 15 4. Parties who wish to designate their marriage as a 5 16 covenant marriage shall receive at least twelve hours of 5 17 marital education. The marital education provided shall be 5 18 provided by a licensed or ordained minister, or the minister's 5 19 designee, a person authorized to solemnize marriages under 5 20 section 595.10, a psychologist licensed pursuant to chapter 5 21 154B, or a marital and family therapist licensed pursuant 5 22 to chapter 154D. The education provided shall include a 5 23 discussion of the obligation to seek marital counseling 5 24 in times of marital difficulties and an explanation of the 5 25 exclusive grounds for dissolution of a covenant marriage. The 5 26 educator shall provide the parties with the informational 5 27 pamphlet on covenant marriage developed by the office of the 5 28 attorney general pursuant to section 595A.6. 5 29 Sec. 8. NEW SECTION. 595A.4 Dissolution of a covenant 5 30 marriage ==== exclusive grounds. 5 31 1. Notwithstanding any other law to the contrary, and 5 32 subsequent to the parties obtaining marital counseling, a party 5 33 to a covenant marriage may obtain a dissolution of marriage 5 34 only upon proof of any of the following: 5 35 a. The other party has committed adultery. 6 1 b. The other party has committed a felony and has been 6 2 sentenced to imprisonment. 6 3 c. The other party has abandoned the matrimonial domicile 6 4 for a period of at least one year and refuses to return. 6 5 d. The other party has physically or sexually abused the 6 6 party seeking the dissolution or a child of one of the parties. 6 7 e. The parties have been living separate and apart 6 8 continuously without reconciliation for a period of at least 6 9 two years. 6 10 2. Notwithstanding subsection 1, a party to a covenant 6 11 marriage may obtain a dissolution of marriage without providing 6 12 proof of any of the grounds specified under subsection 1 if the 6 13 parties agree to the dissolution and there are no children of 6 14 the marriage. 6 15 3. In a11 proceedings for dissolution of marriage pursuant 6 16 to subsection 1, the court may issue an order of temporary 6 17 support and maintenance during the pendency of the proceedings. 6 18 Notwithstanding the time period requirements of the grounds 6 19 specified pursuant to subsection 1, paragraph "c" or "e", 6 20 a party to a covenant marriage may petition the court for 6 21 separate support and maintenance prior to the elapsing of the 6 22 specified time period. 6 23 4. In all proceedings for dissolution of marriage pursuant 6 24 to subsection 1, the court shall order the parties to complete 6 25 at least twelve hours of marital counseling that involves both 6 26 parties and emphasizes the principles of reconciliation. The 6 27 court may require the parties to pay an equal share of the 6 28 costs of the counseling or may apportion the cost between the 6 29 parties based on the ability to pay. The counseling shall be 6 30 provided by a licensed or ordained minister or the minister's 6 31 designee, a person authorized to solemnize a marriage pursuant 6 32 to section 595.10, a psychologist licensed pursuant to chapter 6 33 154B, or a marital and family therapist licensed pursuant 6 34 to chapter 154D. The court may waive all or part of the 6 35 counseling requirement to the extent the parties have already 7 1 received the required twelve hours of marital education within 7 2 one year of the petition for dissolution of marriage. 7 3 Sec. 9. NEW SECTION. 595A.5 Covenant marriage ==== other 7 4 applicable laws. 7 5 1. A covenant marriage shall be governed by all of the 7 6 provisions of chapter 595 which do not conflict with this 7 7 chapter. 7 8 2. A dissolution of a covenant marriage shall be governed by 7 9 all of the provisions of chapter 598 which do not conflict with 7 10 this chapter. 7 11 Sec. 10. NEW SECTION. 595A.6 Attorney general ==== pamphlet. 7 12 Prior to July 1, 2015, the office of the attorney general 7 13 shall develop an informational pamphlet entitled "Covenant 7 14 Marriage Option" which shall outline in sufficient detail 7 15 the requirements for entering into a covenant marriage or 7 16 designating an existing marriage as a covenant marriage, 7 17 the implications of entering into a covenant marriage or 7 18 designating an existing marriage as a covenant marriage, the 7 19 grounds for dissolution of a covenant marriage, and the legal 7 20 differences between a covenant marriage and a noncovenant 7 21 marriage. The informational pamphlet shall be made available 7 22 to all offices of the county registrar and to all persons who 7 23 provide premarital and marital education under this chapter. 7 24 Sec. 11. EFFECTIVE UPON ENACTMENT. The section of this 7 25 division of this Act enacting section 595A.6, relating to the 7 26 pamphlet to be developed by the attorney general, being deemed 7 27 of immediate importance, takes effect upon enactment. 7 28 DIVISION II 7 29 DISSOLUTION PROCEEDINGS 7 30 Sec. 12. Section 598.1, Code 2015, is amended by adding the 7 31 following new subsection: 7 32 NEW SUBSECTION. 2A. "Educational setting" means a public 7 33 school, an accredited nonpublic school, competent private 7 34 instruction in accordance with the provisions of chapter 299A, 7 35 or any other method of educational instruction that satisfies 8 1 the compulsory education requirements of chapter 299. 8 2 Sec. 13. Section 598.10, subsection 1, Code 2015, is amended 8 3 by adding the following new paragraph: 8 4 NEW PARAGRAPH. c. If the parents are in disagreement over a 8 5 minor child's educational setting, the court shall consider the 8 6 educational setting of the minor child in making a temporary 8 7 order for custody. There is a rebuttable presumption that 8 8 it is in the best interest of the minor child to remain in 8 9 the educational setting in which the minor child was enrolled 8 10 during the immediately preceding school year. 8 11 Sec. 14. Section 598.12, Code 2015, is amended to read as 8 12 follows: 8 13 598.12 Attorney or guardian ad litem for minor child ==== 8 14 investigations ==== psychologist evaluation. 8 15 1. The court may appoint an attorney to represent the legal 8 16 interests of the minor child or children of the parties. The 8 17 attorney shall be empowered to make independent investigations 8 18 and to cause witnesses to appear and testify before the court 8 19 on matters pertinent to the legal interests of the children. 8 20 2. The court may appoint a guardian ad litem to represent 8 21 the best interests of the minor child or children of the 8 22 parties. 8 23 a. Unless otherwise enlarged or circumscribed by a court 8 24 or juvenile court having jurisdiction over the child or by 8 25 operation of law, the duties of a guardian ad litem with 8 26 respect to a child shall include all of the following: 8 27 (1) Conducting general in=person interviews with the 8 28 child, if the child's age is appropriate for the interview, 8 29 and interviewing each parent, guardian, or other person having 8 30 custody of the child, if authorized by the person's legal 8 31 counsel. 8 32 (2) Conducting interviews with the child, if the child's age 8 33 is appropriate for the interview, prior to any court=ordered 8 34 hearing. 8 35 (3) Visiting the home, residence, or both home and residence 9 1 of the child and any prospective home or residence of the 9 2 child, including visiting the home or residence or prospective 9 3 home or residence each time placement is changed. 9 4 (4) Interviewing any person providing medical, mental 9 5 health, social, educational, or other services to the child, 9 6 prior to any court=ordered hearing. 9 7 (5) Obtaining firsthand knowledge, if possible, of facts, 9 8 circumstances, and parties involved in the matter in which the 9 9 person is appointed guardian ad litem. 9 10 (6) Attending any hearings in the matter in which the person 9 11 is appointed guardian ad litem. 9 12 b. The order appointing the guardian ad litem shall grant 9 13 authorization to the guardian ad litem to interview any 9 14 relevant person and inspect and copy any records relevant to 9 15 the proceedings, if not prohibited by federal law. The order 9 16 shall specify that the guardian ad litem may interview any 9 17 person providing medical, mental health, social, educational, 9 18 or other services to the child; may attend any meeting with 9 19 the medical or mental health providers, service providers, 9 20 organizations, or educational institutions regarding the child, 9 21 if deemed necessary by the guardian ad litem; and may inspect 9 22 and copy any records relevant to the proceedings. 9 23 3. The same person may serve both as the child's legal 9 24 counsel and as guardian ad litem. However, the court may 9 25 appoint a separate guardian ad litem, if the same person cannot 9 26 properly represent the legal interests of the child as legal 9 27 counsel and also represent the best interests of the child as 9 28 guardian ad litem, or a separate guardian ad litem is required 9 29 to fulfill the requirements of subsection 2. 9 30 4. The court may require that an appropriate agency make an 9 31 investigation of both parties regarding the home conditions, 9 32 parenting capabilities, and other matters pertinent to the best 9 33 interests of the child or children in a dispute concerning 9 34 custody of the child or children. The investigation report 9 35 completed by the appropriate agency shall be submitted to the 10 1 court and available to both parties. The investigation report 10 2 completed by the appropriate agency shall be a part of the 10 3 record unless otherwise ordered by the court. 10 4 5. The court shall order an evaluation of the child by a 10 5 child psychologist. The results of the evaluation shall be 10 6 submitted to the court and available to both parties. The 10 7 evaluation completed by the child psychologist shall be part of 10 8 the record unless otherwise ordered by the court. 10 95.6. The court shall enter an order in favor of the 10 10 attorney, the guardian ad litem,oran appropriate agency, or 10 11 the child psychologist for fees and disbursements, and the 10 12 amount shall be charged against the party responsible for court 10 13 costs unless the court determines that the party responsible 10 14 for costs is indigent, in which event the fees shall be borne 10 15 by the county. 10 16 Sec. 15. Section 598.15, subsection 5, Code 2015, is amended 10 17 to read as follows: 10 18 5. Each judicial district shall certify approved courses 10 19 for parties required to participate in a course under this 10 20 section. Approved courses may include those provided by a 10 21 public or private entity. At a minimum and as appropriate, 10 22 an approved course shall include information relating to the 10 23 parents regarding divorce and its impact on the children and 10 24 family relationship, parenting skills for divorcing parents, 10 25 children's needs and coping techniques, and the financial 10 26 responsibilities of parents following divorce. Each judicial 10 27 district shall certify an approved course to be available in 10 28 video format for viewing where court is held at each county 10 29 seat and in an on=demand format to be viewed at the residence 10 30 of a party. 10 31 Sec. 16. Section 598.21A, Code 2015, is amended by adding 10 32 the following new subsection: 10 33 NEW SUBSECTION. 1A. Unemployed party == vocational 10 34 assessment. If a party seeking support is not employed, the 10 35 court shall order a vocational assessment of the party, and 11 1 if the assessment determines there are positions available 11 2 consistent with the party's skills but the party has not sought 11 3 employment, the court shall assign a potential income to the 11 4 party based on the type of position identified and shall adjust 11 5 any award of support accordingly. 11 6 Sec. 17. Section 598.41, subsection 1, paragraph a, Code 11 7 2015, is amended to read as follows: 11 8 a. The courtmayshall provide for joint custody of 11 9 the child by the parties, unless the court cites clear and 11 10 convincing evidence pursuant to the factors in subsection 11 11 3, that joint custody is unreasonable and not in the best 11 12 interest of the child to the extent that the legal custodial 11 13 relationship between the child and a parent should be severed. 11 14 The court, insofar as is reasonable and in the best interest 11 15 of the child, shall order the custody award, including liberal 11 16 visitation rights where appropriate, which will assure the 11 17 child the opportunity for the maximum continuing physical and 11 18 emotional contact with both parents after the parents have 11 19 separated or dissolved the marriage, and which will encourage 11 20 parents to share the rights and responsibilities of raising the 11 21 child unless direct physical harm or significant emotional harm 11 22 to the child, other children, or a parent is likely to result 11 23 from such contact with one parent. 11 24 Sec. 18. Section 598.41, Code 2015, is amended by adding the 11 25 following new subsection: 11 26 NEW SUBSECTION. 4A. If the court awards joint legal custody 11 27 to the parents, but the parents are in disagreement over a 11 28 minor child's educational setting, the court shall consider, 11 29 and include a provision in the custody order regarding, the 11 30 educational setting of the minor child. There is a rebuttable 11 31 presumption that it is in the best interest of the minor child 11 32 to remain in the educational setting in which the minor child 11 33 was enrolled during the immediately preceding school year. 11 34 EXPLANATION 11 35 The inclusion of this explanation does not constitute agreement with 12 1 the explanation's substance by the members of the general assembly. 12 2 This bill relates to marriage and dissolution of marriage 12 3 proceedings. 12 4 Division I of the bill establishes the procedure and 12 5 requirements for a covenant marriage. The bill requires the 12 6 county registrar to provide each applicant for a marriage 12 7 license with an informational pamphlet on covenant marriage, 12 8 prepared by the office of the attorney general. The bill 12 9 requires the certificate of marriage to include a place to 12 10 allow the parties to designate the marriage as a covenant 12 11 marriage. After the marriage is solemnized, the officiating 12 12 minister or magistrate is directed to return the completed 12 13 certificate of marriage with the section designating the 12 14 marriage a covenant marriage clearly indicated to the county 12 15 registrar in the county in which the parties applied for 12 16 a license to marry, within 15 days of the solemnization. 12 17 Additionally, the parties are directed to record the 12 18 declaration of intent with the county recorder in the county in 12 19 which the parties applied for the license to marry. 12 20 The bill describes a covenant marriage, requires that the 12 21 parties to a covenant marriage complete at least 12 hours of 12 22 premarital education, and provides that the declaration of 12 23 intent to enter a covenant marriage is aspirational and failure 12 24 of a party to comply with the statements included in the 12 25 declaration does not provide additional grounds for dissolution 12 26 beyond those provided in the bill. 12 27 The bill specifies the content of the declaration of intent 12 28 and requires a statement relating to the intent of the parties 12 29 to designate their marriage as a covenant marriage, requires a 12 30 statement from the person who provided the premarital education 12 31 relating to confirmation of the completion by the parties of 12 32 the required education, and requires the signature of each 12 33 party, or if one or both of the parties are minors, the written 12 34 consent or authorization of those persons designated by law to 12 35 provide consent or authorization. The declaration of intent is 13 1 to be prepared in duplicate originals with one original being 13 2 retained by the parties and one original being filed with the 13 3 county recorder in the county in which the parties applied for 13 4 the license to marry. 13 5 The bill also provides a procedure for parties to an existing 13 6 marriage on or after January 1, 2016, to designate their 13 7 marriage as a covenant marriage. 13 8 The bill provides the exclusive grounds for obtaining a 13 9 dissolution of a covenant marriage which include: that a 13 10 party commits adultery, commits a felony and is imprisoned, 13 11 abandons the matrimonial domicile for at least one year and 13 12 refuses to return, physically or sexually abuses the other 13 13 party or a child of one of the parties, or is living separate 13 14 and apart continuously without reconciliation for a period of 13 15 at least two years. The bill provides that notwithstanding the 13 16 exclusive grounds specified, a party to a covenant marriage may 13 17 obtain a dissolution if the parties agree to the dissolution 13 18 and there are no children of the marriage. In all proceedings 13 19 for dissolution based on a covenant marriage, the court is to 13 20 order the parties to complete at least 12 hours of marital 13 21 counseling. The court may waive the requirement to the 13 22 extent that the parties have already completed other required 13 23 education. 13 24 The bill provides that nonconflicting provisions of the 13 25 marriage chapter (Code chapter 595) and the dissolution chapter 13 26 (Code chapter 598) apply to covenant marriages. 13 27 The bill directs the office of the attorney general, prior to 13 28 July 1, 2015, to develop a pamphlet entitled "Covenant Marriage 13 29 Option" to outline the requirements of a covenant marriage, 13 30 the implications of entering into a covenant marriage, the 13 31 grounds for dissolution of a covenant marriage, and the legal 13 32 differences between covenant and noncovenant marriages. The 13 33 pamphlet is to be available at the offices of the county 13 34 registrar and to all persons who provide premarital and marital 13 35 education. This section of this division of the bill takes 14 1 effect upon enactment. 14 2 Division II of the bill relates to dissolution of marriage 14 3 proceedings. 14 4 This division of the bill provides that in determining 14 5 temporary custody orders or the award of joint legal custody 14 6 for a minor child, if the parents are in disagreement over the 14 7 minor child's educational setting, the court is to consider 14 8 the educational setting of the minor child. In the case of 14 9 awarding joint legal custody, the court is also to include a 14 10 provision in the order regarding the educational setting of 14 11 the minor child. There is a rebuttable presumption that it 14 12 is in the best interest of the minor child to remain in the 14 13 educational setting in which the minor child was enrolled 14 14 during the immediately preceding school year. The division 14 15 also defines "educational setting". 14 16 The division requires the court in a dissolution of 14 17 marriage action to order an evaluation of the child by a 14 18 child psychologist. The results of the evaluation are to be 14 19 submitted to the court and be available to both parties. The 14 20 evaluation completed by the child psychologist is to be part of 14 21 the record unless otherwise ordered by the court. The court is 14 22 also directed to provide for payment of the child psychologist 14 23 charged against the party responsible for court costs unless 14 24 the court determines that the party responsible for costs is 14 25 indigent, in which event the fees shall be borne by the county. 14 26 The division directs each judicial district to certify a 14 27 court=approved course to educate and sensitize the parties to 14 28 the needs of any child or party during and subsequent to the 14 29 proceeding to be available in video format for viewing where 14 30 court is held at each county seat and in an on=demand format to 14 31 be viewed at the residence of a party. 14 32 The division also provides that if a party seeking support is 14 33 not employed, the court shall order a vocational assessment of 14 34 the party, and if the assessment determines there are positions 14 35 available consistent with the party's skills but the party 15 1 has not sought employment, the court shall assign a potential 15 2 income to the party based on the type of position identified 15 3 and shall adjust any award of support accordingly. 15 4 The division requires the court to provide for joint custody 15 5 of the child by the parties unless the court cites clear and 15 6 convincing evidence pursuant to the factors specified for 15 7 consideration by the court in determining the best interest 15 8 of the child, that joint custody is unreasonable and not in 15 9 the best interest of the child to the extent that the legal 15 10 custodial relationship between the child and a parent should 15 11 be severed. LSB 2452YH (4) 86 pf/nh
