598.41B - VISITATION -- RESTRICTIONS -- MURDER OF PARENT.
598.41B VISITATION -- RESTRICTIONS -- MURDER OF PARENT. 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.
Section History: Recent Form 99 Acts, ch 38, §1