600B.40 - CUSTODY AND VISITATION.
600B.40 CUSTODY AND VISITATION. The mother of a child born out of wedlock whose paternity has not been acknowledged and who has not been adopted has sole custody of the child unless the court orders otherwise. If a judgment of paternity is entered, the father may petition for rights of visitation or custody in the same paternity action or in an equity proceeding separate from any action to establish paternity. In determining the visitation or custody arrangements of a child born out of wedlock, if a judgment of paternity is entered and the mother of the child has not been awarded sole custody, section 598.41 shall apply to the determination, as applicable, and the court shall consider the factors specified in section 598.41, subsection 3, including but not limited to the factor related to a parent's history of domestic abuse.
Section History: Early Form [C81, § 675.40]
Section History: Recent Form C93, § 600B.40 95 Acts, ch 182, § 27; 2004 Acts, ch 1061, §2