Text: HF02465                           Text: HF02467
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2466

Partial Bill History

Bill Introduced: H.J. 440
Complete Bill History

Bill Text

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.  Whether The 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 evidence, pursuant to the factors in
  1 29 subsection 3 and in paragraph "c" of this subsection, that
  1 30 joint physical care is not in the best interest of the child
  1 31 as demonstrated by a preponderance of the evidence.
  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                           EXPLANATION
  2  8    This bill relates to the awarding of joint physical care of
  2  9 a child.  The bill provides that on application of either
  2 10 parent, the court is to consider the awarding of joint
  2 11 physical care in cases where the parents do not agree to joint
  2 12 physical care.  The bill directs the court to consider the
  2 13 factors currently used by the court in the awarding of legal
  2 14 custody and, in addition, to consider which physical care
  2 15 arrangement would best preserve the relationship, which
  2 16 existed prior to the separation, between each parent and the
  2 17 child.  The bill provides that if the court does not award
  2 18 joint physical care, the court is to cite evidence, based on
  2 19 the factors used in its determination, that joint physical
  2 20 care is not in the best interest of the child as demonstrated
  2 21 by a preponderance of the evidence.
  2 22    The bill also amends the subsection relating to the factors
  2 23 to be considered in an award of legal custody to provide that
  2 24 the court is to consider not only the extent to which both
  2 25 parents have actively cared for the child before, during, and
  2 26 since the separation, but also the court is to consider which
  2 27 custody arrangement would best preserve the relationship which
  2 28 existed prior to the separation between each parent and the
  2 29 child.  
  2 30 LSB 6896HV 79
  2 31 pf/pj/5

Text: HF02465                           Text: HF02467
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Mar 28 03:25:25 CST 2002
URL: /DOCS/GA/79GA/Legislation/HF/02400/HF02466/020220.html
jhf