Senate File 190 - Introduced SENATE FILE 190 BY ZAUN A BILL FOR An Act relating to the preference for joint custody and joint 1 physical care of a child in awarding custody. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1601XS (4) 87 pf/nh

S.F. 190 Section 1. Section 598.41, subsection 1, paragraph a, Code 1 2017, is amended to read as follows: 2 a. The court may shall provide for joint custody of the 3 child by the parties. The court, insofar as is reasonable and 4 in the best interest of the child, shall order the custody 5 award, including liberal visitation rights where appropriate, 6 which will assure the child the opportunity for the maximum 7 continuing physical and emotional contact with both parents 8 after the parents have separated or dissolved the marriage, 9 and which will encourage parents to share the rights and 10 responsibilities of raising the child unless direct physical 11 harm or significant emotional harm to the child, other 12 children, or a parent is likely to result from such contact 13 with one parent. 14 Sec. 2. Section 598.41, subsection 2, paragraph a, Code 15 2017, is amended to read as follows: 16 a. On Notwithstanding subsection 1, paragraph “a” , upon 17 the application of either parent opposing joint custody , the 18 court shall consider granting joint custody in cases where the 19 parents do not agree to joint custody the factors specified in 20 subsection 3 to determine if joint custody is reasonable and in 21 the best interest of the child . 22 Sec. 3. Section 598.41, subsection 5, paragraph a, Code 23 2017, is amended to read as follows: 24 a. If joint legal custody is awarded to both parents, 25 the court may shall award joint physical care to both joint 26 custodial parents upon the request of either parent , unless 27 the court determines that joint physical care is not in the 28 best interest of the child . Prior to ruling on the request 29 for the award of awarding joint physical care, the court 30 may require the parents to submit, either individually or 31 jointly, a proposed joint physical care parenting plan. A 32 proposed joint physical care parenting plan shall address how 33 the parents will make decisions affecting the child, how the 34 parents will provide a home for the child, how the child’s 35 -1- LSB 1601XS (4) 87 pf/nh 1/ 2

S.F. 190 time will be divided between the parents and how each parent 1 will facilitate the child’s time with the other parent, 2 arrangements in addition to court-ordered child support for the 3 child’s expenses, how the parents will resolve major changes or 4 disagreements affecting the child including changes that arise 5 due to the child’s age and developmental needs, and any other 6 issues the court may require. If the court denies the request 7 for joint physical care, the determination shall be accompanied 8 by specific findings of fact and conclusions of law that the 9 awarding of joint physical care is not in the best interest of 10 the child. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill directs that the court shall, rather than may as 15 under current law, award joint custody to both parties unless 16 direct physical harm or significant emotional harm to the 17 child, other children, or a parent is likely to result from 18 such contact with one parent. Notwithstanding the requirement 19 of awarding joint custody to both parents, upon application of 20 either parent opposing joint custody, the court shall consider 21 the factors specified for determining the best interest of the 22 child to determine if joint custody is reasonable and in the 23 best interest of the child. 24 The bill also provides that if joint custody is awarded, 25 joint physical care shall, rather than may as under current 26 law, be awarded to both parents unless the court determines 27 that joint physical care is not in the best interest of the 28 child. 29 -2- LSB 1601XS (4) 87 pf/nh 2/ 2