Iowa § 598.41B Visitation — restrictions — murder of parent

Iowa Statutes

§ 598.41B — Visitation — restrictions — murder of parent

Iowa § 598.41B

Title XVJUDICIAL BRANCH AND JUDICIAL PROCEDURES

Ch. 598DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS

This text of Iowa § 598.41B (Visitation — restrictions — murder of parent) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Iowa Code § 598.41B (2026).

Text

1.Notwithstanding section 598.41, the court shall not do either of the following:

a.Enforce an existing order awarding visitation rights to a child’s parent, which was obtained prior to that parent’s conviction for first degree murder in the murder of the child’s other parent, unless such enforcement is in the best interest of the child.

b.Award visitation rights to a child’s parent who has been convicted of murder in the first degree of the child’s other parent, unless the court finds that such visitation is in the best interest of the child.

2.In determining whether visitation would be in the best interest of the child pursuant to subsection 1, the court shall consider all of the following:

a.The age and level of maturity of the child.

b.If the child is developmentally mature enoug

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1. Notwithstanding section 598.41, the court shall not do either of the following:
a. Enforce an existing order awarding visitation rights to a child’s parent, which was
obtained prior to that parent’s conviction for first degree murder in the murder of the child’s
other parent, unless such enforcement is in the best interest of the child.
b. Award visitation rights to a child’s parent who has been convicted of murder in the first
degree of the child’s other parent, unless the court finds that such visitation is in the best
interest of the child.
2. In determining whether visitation would be in the best interest of the child pursuant to
subsection 1, the court shall consider all of the following:
a. The age and level of maturity of the child.
b. If the child is developmentally mature enough to provide assent and whether the child
does assent.
c. The recommendation of the child’s custodian or legal guardian.
d. The recommendation of a child counselor or mental health professional following
evaluation of the child.
e. The recommendation of a guardian ad litem for the child if one has been appointed to
represent the child in the proceeding.
f. Any other information which the court deems to be relevant.
3. Until such time as an order regarding visitation rights under subsection 1 is entered,
the child of a parent who has been convicted of murder in the first degree of the child’s other
parent shall not visit the parent who has been convicted.