murder of the first degree of the other parent of the child creates

a rebuttable presumption that sole or joint custody of the child by

the convicted parent is not in the best interest of the child. The

rebuttable presumption may be overcome only if:

(a) The court determines that:

(1) There is no other suitable guardian for the child;

(2) The convicted parent is a suitable guardian for the child;

and

(3) The health, safety and welfare of the child are not at

risk; or

(b) The child is of suitable age to signify his assent and assents

to the order of the court awarding sole or joint custody of the

child to the convicted parent.

2. The conviction of the parent of a child for murder of the

first degree of the other parent of the child creates a rebuttable

presumption that rights to visitation with the child are not in the

best interest of the child and must not be granted if custody is not

granted pursuant to subsection 1. The rebuttable presumption

may be overcome only if:

(a) The court determines that:

(1) The health, safety and welfare of the child are not at

risk; and

(2) It will be beneficial for the child to have visitations with

the convicted parent; or

(b) The child is of suitable age to signify his assent and assents

to the order of the court awarding rights to visitation with the

child to the convicted parent.

3. Until the court makes a determination pursuant to this

section, no person may bring the child into the presence of the

convicted parent without the consent of the legal guardian or

custodian of the child.

murder of the first degree of the other parent of the child creates

a rebuttable presumption that sole or joint custody of the child by

the convicted parent is not in the best interest of the child. The

rebuttable presumption may be overcome only if:

(a) The court determines that:

(1) There is no other suitable guardian for the child;

(2) The convicted parent is a suitable guardian for the child;

and

(3) The health, safety and welfare of the child are not at

risk; or

(b) The child is of suitable age to signify his assent and assents

to the order of the court awarding sole or joint custody of the

child to the convicted parent.

2. The conviction of the parent of a child for murder of the

first degree of the other parent of the child creates a rebuttable

presumption that rights to visitation with the child are not in the

best interest of the child and must not be granted if custody is not

granted pursuant to subsection 1. The rebuttable presumption

may be overcome only if:

(a) The court determines that:

(1) The health, safety and welfare of the child are not at

risk; and

(2) It will be beneficial for the child to have visitations with

the convicted parent; or

(b) The child is of suitable age to signify his assent and assents

to the order of the court awarding rights to visitation with the

child to the convicted parent.

3. Until the court makes a determination pursuant to this

section, no person may bring the child into the presence of the

convicted parent without the consent of the legal guardian or

custodian of the child.