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PAG LIN 1 1 Section 1. Section 598.1, Code 1995, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 2A. "Joint legal custody" or "joint 1 4 custody" means an award of the rights of legal custody to both 1 5 parents jointly under which both parents have legal custodial 1 6 rights and responsibilities toward the child and under which 1 7 neither parent has legal custodial rights superior to those of 1 8 the other parent. Rights and responsibilities as a joint 1 9 legal custodial parent include, but are not limited to, equal 1 10 participation in decisions affecting the child's legal status, 1 11 medical care, education, extracurricular activities, third- 1 12 party child care, and religious instruction. 1 13 Sec. 2. Section 598.1, subsection 3, Code 1995, is amended 1 14 to read as follows: 1 15 3. "Jointcustodyphysical care"or "joint legal custody"1 16 means an award ofcustodyphysical care of a minor child to 1 17 both joint legal custodial parents under which both parents 1 18 have rights and responsibilities toward the child, including 1 19 but not limited to shared parenting time and under which 1 20 neither parent has rights superior to those of the other 1 21 parent.The court may award physical care to one parent only.1 22 Sec. 3. Section 598.1, subsection 5, Code 1995, is amended 1 23 to read as follows: 1 24 5. "Physical care" means the right and responsibility to 1 25 maintain theprincipalhome of the minor child and provide for 1 26 the routine care of the child. 1 27 Sec. 4. Section 598.41, subsection 5, Code 1995, is 1 28 amended to read as follows: 1 29 5.Joint legal custody does not require joint physical1 30care. WhenIf the court determines such action would be in 1 31 the best interest of the child, joint physical care may be 1 32 given to both joint legal custodial parents or physical care 1 33 may be given to one joint legal custodial parentand not to1 34the other. If one joint legal custodial parent is awarded 1 35 physical care, the court shall hold that parent responsible 2 1 for providing for the best interest of the child. However, 2 2 physical care given to one joint legal custodial parent does 2 3 not affect the other joint legal custodial parent's rights and 2 4 responsibilities as a legal custodian of the child. Rights 2 5 and responsibilities as legal custodian of the child include, 2 6 but are not limited to, equal participation in decisions 2 7 affecting the child's legal status, medical care, education, 2 8 extracurricular activities, third-party child care, and 2 9 religious instruction. 2 10 EXPLANATION 2 11 This bill amends sections of the Code relating to the 2 12 awarding of joint custody of children in a dissolution of 2 13 marriage context and specifically in the awarding of joint 2 14 physical care. The bill redefines "joint legal custody" to 2 15 include rights and responsibilities connected to third-party 2 16 child care decisions. The bill also defines "joint physical 2 17 care" and provides that the court may award physical care to 2 18 one parent or may award joint physical care to both parents. 2 19 If parents are awarded joint physical care, neither parent has 2 20 rights superior to those of the other parent. 2 21 LSB 1057XS 76 2 22 pf/sc/14.1
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