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House Journal: Page 856: Wednesday, March 26, 1997

 3   following:
 4     "Sec. 101.  Section 598.1, subsections 1, 3, and 5,
 5   Code 1997, are amended to read as follows:
 6     1.  "Best interest of the child" includes, but is
 7   not limited to, the opportunity for the maximum
 8   possible continuous physical and emotional contact
 9   possible with access by the child to both parents,
10   unless direct physical or significant emotional harm
11   to the child may result from this contact access.
12   Refusal by one parent to provide this opportunity
13   access by the child to the other parent without just
14   cause shall be considered harmful to the best interest
15   of the child.
16     3.  "Joint custody" or "joint legal custody" means
17   an award of legal custody of a minor child to both
18   parents jointly under which both parents have legal
19   custodial rights and responsibilities toward the child
20   and under which neither parent has legal custodial
21   rights superior to those of the other parent.  The
22   court may award physical care to one parent only.
23   Rights and responsibilities of joint legal custody
24   include, but are not limited to, equal participation
25   in decisions affecting the child's legal status,
26   medical care, education, extracurricular activities,
27   third-party child care, and religious instruction.
28     5.  "Physical care" means the right and
29   responsibility to maintain the principal a home of for
30   the minor child and provide for the routine care of
31   the child.
32     Sec. 102.  Section 598.1, Code 1997, is amended by
33   adding the following new subsections:
34     NEW SUBSECTION.  3A.  "Joint physical care" means
35   an award of physical care of a minor child to both
36   joint legal custodial parents under which both parents
37   have rights and responsibilities toward the child
38   including, but not limited to, shared parenting time
39   with the child, maintaining homes for the child,
40   providing routine care for the child and under which
41   neither parent has physical care rights superior to
42   those of the other parent.
43     NEW SUBSECTION.  3B.  "Legal custody" or "custody"
44   means an award of the rights of legal custody of a
45   minor child to a parent under which a parent has legal
46   custodial rights and responsibilities toward the
47   child.  Rights and responsibilities of legal custody
48   include, but are not limited to, decision making
49   affecting the child's legal status, medical care,
50   education, extracurricular activities, third-party

Page 2  

 1   child care, and religious instruction."
 2     2.  Page 122, by inserting after line 35 the

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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