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.
Terms Used In Iowa Code 598.41B
- Best interest of the child: includes but is not limited to the opportunity for maximum continuous physical and emotional contact possible with both parents, unless direct physical or significant emotional harm to the child may result from this contact. See Iowa Code 598.1
- Child: includes child by adoption. See Iowa Code 4.1
- Conviction: A judgement of guilt against a criminal defendant.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
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.