Text: SF00127 Text: SF00129 Text: SF00100 - SF00199 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. 4A. If both parents are deemed by the
1 4 court to be capable of adequately providing for the routine
1 5 care of the child, the court, in ordering the award of custody
1 6 or physical care, shall give primary consideration to the
1 7 historical performance, by a parent, of caretaking functions
1 8 relating to the routine care of the child without regard to
1 9 the income or income source of that parent.
1 10 As used in this subsection, "caretaking functions" means
1 11 tasks that involve interaction with the child or care of the
1 12 child, including the direction of interaction and care by
1 13 others. Caretaking functions include all of the following:
1 14 a. Feeding, bedtime and morning routines, care of the
1 15 child when sick or injured, bathing, grooming, personal
1 16 hygiene, dressing, recreation and play, physical safety,
1 17 transportation, and other functions that meet the daily
1 18 physical needs of the child.
1 19 b. Direction of the child's various developmental needs,
1 20 including the acquisition of motor and language skills, toilet
1 21 training, self-confidence, and maturation.
1 22 c. Discipline, instruction in manners, and assignment and
1 23 supervision of chores and other tasks that address the child's
1 24 needs for behavioral control and self-restraint.
1 25 d. Arrangements for the child's education, including
1 26 remedial or special services appropriate to the child's needs
1 27 and interests, communication with teachers and counselors, and
1 28 supervision of homework.
1 29 e. The development and maintenance of appropriate
1 30 interpersonal relationships with peers, siblings, and adults.
1 31 f. Arrangements for health care, including scheduling
1 32 appointments, communication with health care providers,
1 33 medical follow-up, and home health care.
1 34 g. Moral guidance.
1 35 h. Arrangement of alternative care by a family member,
2 1 babysitter, or other child care provider or facility,
2 2 including investigation of alternatives, communication with
2 3 providers, and supervision.
2 4 EXPLANATION
2 5 This bill provides that if both parents are deemed by the
2 6 court to be capable of adequately providing for the routine
2 7 care of the child, the court, in awarding custody or physical
2 8 care of a child, is required to give primary consideration to
2 9 the historical performance, by a parent, of caretaking
2 10 functions relating to the routine care of the child. In this
2 11 determination, the court is directed to disregard the income
2 12 or income source of that parent. The bill defines "caretaking
2 13 functions".
2 14 LSB 2125SS 79
2 15 pf/cls/14
Text: SF00127 Text: SF00129 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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