Print
Senate File 274 - IntroducedA Bill ForAn Act 1relating to the awarding of joint custody and joint
2physical care.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 598.41, subsection 1, paragraph a, Code
22023, is amended to read as follows:
3a. The court may provide for joint custody of the child by
4the parties. The award of joint legal custody of the child
5creates a rebuttable presumption that joint physical care is
6in the best interest of the child. The court, insofar as is
7reasonable and in the best interest of the child, shall order
8the custody award, including liberal visitation rights where
9appropriate, which will assure the child the opportunity for
10the maximum continuing physical and emotional contact with
11both parents after the parents have separated or dissolved
12the marriage, and which will encourage parents to share the
13rights and responsibilities of raising the child unless direct
14physical harm or significant emotional harm to the child, other
15children, or a parent is likely to result from such contact
16with one parent.
17 Sec. 2. Section 598.41, subsection 5, paragraph a, Code
182023, is amended to read as follows:
19a. If joint legal custody is awarded to both parents,
20unless the presumption that joint physical care is in the best
21interest of the child is rebutted, the court may shall award
22joint physical care to both joint custodial parents upon the
23request of either parent. Prior to ruling on the request for
24the award of joint physical care, the court may require the
25parents to submit, either individually or jointly, a proposed
26joint physical care parenting plan. A proposed joint physical
27care parenting plan shall address how the parents will make
28decisions affecting the child, how the parents will provide
29a home for the child, how the child’s time will be divided
30between the parents and how each parent will facilitate the
31child’s time with the other parent, arrangements in addition to
32court-ordered child support for the child’s expenses, how the
33parents will resolve major changes or disagreements affecting
34the child including changes that arise due to the child’s age
35and developmental needs, and any other issues the court may
-1-1require. If the court denies the request for joint physical
2care, the determination shall be accompanied by specific
3findings of fact and conclusions of law that the awarding of
4joint physical care is not in the best interest of the child.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill relates to joint legal custody and joint physical
9care of a child.
10The bill provides that the award of a court of joint legal
11custody of a child creates a rebuttable presumption that
12joint physical care is in the best interest of the child.
13Additionally, the bill provides that if joint legal custody
14is awarded to both parents, unless the presumption that joint
15physical care is in the best interest of the child is rebutted,
16the court shall award joint physical care to both joint
17custodial parents upon the request of either parent.
-2-pf/rh
2physical care.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 598.41, subsection 1, paragraph a, Code
22023, is amended to read as follows:
3a. The court may provide for joint custody of the child by
4the parties. The award of joint legal custody of the child
5creates a rebuttable presumption that joint physical care is
6in the best interest of the child. The court, insofar as is
7reasonable and in the best interest of the child, shall order
8the custody award, including liberal visitation rights where
9appropriate, which will assure the child the opportunity for
10the maximum continuing physical and emotional contact with
11both parents after the parents have separated or dissolved
12the marriage, and which will encourage parents to share the
13rights and responsibilities of raising the child unless direct
14physical harm or significant emotional harm to the child, other
15children, or a parent is likely to result from such contact
16with one parent.
17 Sec. 2. Section 598.41, subsection 5, paragraph a, Code
182023, is amended to read as follows:
19a. If joint legal custody is awarded to both parents,
20unless the presumption that joint physical care is in the best
21interest of the child is rebutted, the court may shall award
22joint physical care to both joint custodial parents upon the
23request of either parent. Prior to ruling on the request for
24the award of joint physical care, the court may require the
25parents to submit, either individually or jointly, a proposed
26joint physical care parenting plan. A proposed joint physical
27care parenting plan shall address how the parents will make
28decisions affecting the child, how the parents will provide
29a home for the child, how the child’s time will be divided
30between the parents and how each parent will facilitate the
31child’s time with the other parent, arrangements in addition to
32court-ordered child support for the child’s expenses, how the
33parents will resolve major changes or disagreements affecting
34the child including changes that arise due to the child’s age
35and developmental needs, and any other issues the court may
-1-1require. If the court denies the request for joint physical
2care, the determination shall be accompanied by specific
3findings of fact and conclusions of law that the awarding of
4joint physical care is not in the best interest of the child.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill relates to joint legal custody and joint physical
9care of a child.
10The bill provides that the award of a court of joint legal
11custody of a child creates a rebuttable presumption that
12joint physical care is in the best interest of the child.
13Additionally, the bill provides that if joint legal custody
14is awarded to both parents, unless the presumption that joint
15physical care is in the best interest of the child is rebutted,
16the court shall award joint physical care to both joint
17custodial parents upon the request of either parent.
-2-pf/rh