Full question:
My brother-in-law was convicted of murder in the first degree for killing my sister. Now he has requested the court to grant him visitation rights with respect to his 10-year-old son who at present lives with us. I do not want my sister’s son to meet my brother-in-law, as I think that might have an adverse effect on his mental growth and development. Can the court decide in my brother-in-law’s favor in the custody case?
- Category: Divorce
- Subcategory: Visitation
- Date:
- State: Iowa
Answer:
In Iowa, a court may not permit visitation rights to a parent who has been convicted of murder in the first degree of the child's other parent unless the court finds that granting such visitation rights would be in the best interest of the child. The relevant statutory section in this regard is stated below.Iowa Code § 598.41B states:
“The court shall not do either of the following:
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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.”
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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.”
In the given instance, the court may not grant visitation rights to your brother-in-law unless it is found to be in the best interest of the child (your sister and brother-in-law’s son).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
