Text: SF00033 Text: SF00035 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 598.41, Code 2001, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 5A. Notwithstanding subsection 5, if the
1 4 parents agree to joint physical care, the court shall award
1 5 joint physical care to both joint custodial parents if the
1 6 court determines through inquiry that the agreement is made
1 7 voluntarily and intelligently, unless the court determines
1 8 that such an action is not in the best interest of the child.
1 9 If the parents agree to joint physical care, the court shall
1 10 not require the parents to present any evidence to determine
1 11 if joint physical care is in the best interest of the child.
1 12 EXPLANATION
1 13 This bill provides that in determining the custody
1 14 arrangements relating to a child, if the parents agree to
1 15 joint physical care, the court shall award joint physical care
1 16 to both joint custodial parents if the court determines
1 17 through inquiry that the agreement is made voluntarily and
1 18 intelligently, unless the court determines that the action is
1 19 not in the best interest of the child. Additionally, the bill
1 20 provides that if the parents agree to joint physical care, the
1 21 court is not to require the parents to present evidence to
1 22 determine if joint physical care is in the best interest of
1 23 the child.
1 24 LSB 1653XS 79
1 25 pf/gg/8
Text: SF00033 Text: SF00035 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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