Iowa Code

Iowa Code § 598.41A (2026)

Visitation — history of crimes against a minor

✓ current as of July 2026
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1. Notwithstanding section 598.41, the court shall consider, in the award of visitation rights to a parent of a child, the criminal history of the parent if the parent has been convicted of a sex offense against a minor as defined in section 692A.101.

2. Notwithstanding section 598.41, an individual who is a parent of a minor child and who has been convicted of a sex offense against a minor as defined in section 692A.101, is not entitled to visitation rights while incarcerated. While on probation, parole, or any other type of conditional release including a special sentence for such offense, visitation shall be denied until the parent successfully completes a treatment program approved by the court, if\n\nTue Dec 09 22:00:11 2025 Iowa Code 2026, Chapter 598 (41, 1) 29 DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS, §598.42\n\nrequired by the court. The circumstances described in this subsection shall be considered a substantial change in circumstances. 98 Acts, ch 1070, §2; 2009 Acts, ch 119, §42; 2013 Acts, ch 105, §1, 3, 4 \n

Notes of Decisions
In Re the Marriage of Stephanie Kay Makela & Wayne L. Makela Upon the Petition of Stephanie Kay Makela, petitioner-appellant/cross-appellee, & Concerning Wayne L. Makela, respondent-appellee/cross-appellant. (Iowa Ct. App. 2017). · cites it 40× “) In construing this provision, the district court stated: The Court further determines that Iowa Code section 598.41A requires that [Wayne] shall not have any in person, telephonic, or other interactive visitation with the minor children of the parties until he is released from…”
In re Marriage of Makela (Iowa Ct. App. 2022). · cites it 4× “The court based its conclusion on Iowa Code section 598.41A(2), which states: Notwithstanding section 598.”
— Iowa Code § 598.41A(2) — 2 cases
In Re the Marriage of Stephanie Kay Makela & Wayne L. Makela Upon the Petition of Stephanie Kay Makela, petitioner-appellant/cross-appellee, & Concerning Wayne L. Makela, respondent-appellee/cross-appellant. (Iowa Ct. App. 2017). “) In construing this provision, the district court stated: The Court further determines that Iowa Code section 598.41A requires that [Wayne] shall not have any in person, telephonic, or other interactive visitation with the minor children of the parties until he is released from…”
In re Marriage of Makela (Iowa Ct. App. 2022). “The court based its conclusion on Iowa Code section 598.41A(2), which states: Notwithstanding section 598.”
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