Text: HF00301 Text: HF00303 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 598.41, subsection 3, paragraph d, Code 1 2 2001, is amended to read as follows: 1 3 d.WhetherThe extent to which both parents have actively 1 4 cared for the child before and since the separation and which 1 5 custody arrangement would best preserve the relationship, 1 6 which existed prior to the separation, between each parent and 1 7 the child. 1 8 Sec. 2. Section 598.41, subsection 5, Code 2001, is 1 9 amended to read as follows: 1 10 5. a. Joint physical care may be in the best interest of 1 11 the child, but joint legal custody does not require joint 1 12 physical care. 1 13 b. On the application of either parent, the court shall 1 14 consider granting joint physical care in cases where the 1 15 parents do not agree to joint physical care. 1 16 c. When the court determines such action would be in the 1 17 best interest of the child and would preserve the relationship 1 18 between each parent and the child, joint physical care may be 1 19 awarded to both joint custodial parents or physical care may 1 20 be awarded to one joint custodial parent. In determining 1 21 which physical care arrangement is in the best interest of the 1 22 minor child, the court shall consider the factors in 1 23 subsection 3 and shall also consider which physical care 1 24 arrangement would best preserve the relationship, which 1 25 existed prior to the separation between each parent and the 1 26 child. 1 27 d. If the court does not award joint physical care, the 1 28 court shall cite clear and convincing evidence, pursuant to 1 29 the factors in subsection 3 and in paragraph "c" of this 1 30 subsection, that joint physical care is unreasonable and not 1 31 in the best interest of the child. 1 32 e. If one joint custodial parent is awarded physical care, 1 33 the parent responsible for providing physical care shall 1 34 support the other parent's relationship with the child. 1 35 Physical care awarded to one parent does not affect the other 2 1 parent's rights and responsibilities as a joint legal 2 2 custodian of the child. Rights and responsibilities as joint 2 3 legal custodian of the child include, but are not limited to, 2 4 equal participation in decisions affecting the child's legal 2 5 status, medical care, education, extracurricular activities, 2 6 and religious instruction. 2 7 f. This section shall not apply to the award of physical 2 8 care if the parents agree to joint physical care and if the 2 9 court determines through inquiry that the agreement is made 2 10 voluntarily and intelligently. 2 11 EXPLANATION 2 12 This bill relates to the awarding of joint physical care of 2 13 a child. The bill provides that on application of either 2 14 parent, the court is to consider the awarding of joint 2 15 physical care in cases where the parents do not agree to joint 2 16 physical care. The bill directs the court to consider the 2 17 factors currently used by the court in the awarding of legal 2 18 custody and, in addition, to consider which physical care 2 19 arrangement would best preserve the relationship, which 2 20 existed prior to the separation, between each parent and the 2 21 child. The bill provides that if the court does not award 2 22 joint physical care, the court is to cite clear and convincing 2 23 evidence, based on the factors used in its determination, that 2 24 joint physical care is unreasonable and not in the best 2 25 interest of the child. The provisions of the bill do not 2 26 apply if the parents agree to joint physical care and if the 2 27 court determines through inquiry that the agreement is made 2 28 voluntarily and intelligently. 2 29 The bill also amends the subsection relating to the factors 2 30 to be considered in an award of legal custody to provide that 2 31 the court is to consider not only the extent to which both 2 32 parents have actively cared for the child before, during, and 2 33 since the separation, but also the court is to consider which 2 34 custody arrangement would best preserve the relationship which 2 35 existed prior to the separation between each parent and the 3 1 child. 3 2 LSB 1793YH 79 3 3 pf/pj/5
Text: HF00301 Text: HF00303 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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