House
File
2345
S-5117
Amend
House
File
2345,
as
passed
by
the
House,
as
1
follows:
2
1.
Page
1,
after
line
6
by
inserting:
3
<
Sec.
___.
Section
598.41,
subsection
5,
paragraph
4
a,
Code
2011,
is
amended
to
read
as
follows:
5
a.
(1)
If
joint
legal
custody
is
awarded
to
both
6
parents,
the
court
may
award
joint
physical
care
7
to
both
joint
custodial
parents
upon
the
request
of
8
either
parent
during
the
proceedings
on
the
initial
9
dissolution
petition
or
during
the
proceedings
on
10
a
modification
of
the
original
custody
order
.
A
11
rebuttable
presumption
exists
that
a
request
for
12
joint
physical
care
by
either
parent
is
in
the
best
13
interest
of
the
child.
The
burden
of
proof
to
rebut
14
the
presumption
rests
on
the
party
denying
that
joint
15
physical
care
is
in
the
best
interest
of
the
child,
and
16
such
party
shall
demonstrate
that
joint
physical
care
17
is
not
in
the
best
interest
of
the
child
by
clear
and
18
convincing
evidence.
19
(2)
Prior
to
ruling
on
the
request
for
the
award
20
of
joint
physical
care,
the
court
may
require
the
21
parents
to
submit,
either
individually
or
jointly,
22
a
proposed
joint
physical
care
parenting
plan.
A
23
proposed
joint
physical
care
parenting
plan
shall
24
address
how
the
parents
will
make
decisions
affecting
25
the
child,
how
the
parents
will
provide
a
home
for
the
26
child,
how
the
child’s
time
will
be
divided
between
27
the
parents
and
how
each
parent
will
facilitate
the
28
child’s
time
with
the
other
parent,
arrangements
in
29
addition
to
court-ordered
child
support
for
the
child’s
30
expenses,
how
the
parents
will
resolve
major
changes
31
or
disagreements
affecting
the
child
including
changes
32
that
arise
due
to
the
child’s
age
and
developmental
33
needs,
and
any
other
issues
the
court
may
require.
34
(3)
If
the
court
finds
by
clear
and
convincing
35
evidence
that
joint
physical
care
is
not
in
the
best
36
interest
of
the
child
and
denies
the
request
for
joint
37
physical
care,
the
determination
shall
be
accompanied
38
by
specific
findings
of
fact
and
conclusions
of
law
39
that
the
awarding
of
joint
physical
care
is
not
in
40
the
best
interest
of
the
child.
In
determining
the
41
best
interest
of
the
child
relative
to
the
denial
of
42
a
request
for
joint
physical
care,
the
court
shall
43
consider
that
the
best
interest
of
the
child
includes
44
the
opportunity
for
the
maximum
continuous
physical
and
45
emotional
contact
possible
with
both
parents,
unless
46
direct
physical
or
significant
emotional
harm
to
the
47
child
may
result
from
such
contact.
>
48
2.
By
renumbering
as
necessary.
49
-1-
HF2345.5227
(3)
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#1.
______________________________
NANCY
J.
BOETTGER
______________________________
BRAD
ZAUN
______________________________
JERRY
BEHN
______________________________
KENT
SORENSON
______________________________
BILL
ANDERSON
______________________________
RICK
BERTRAND
______________________________
JONI
ERNST
______________________________
JAMES
F.
HAHN
______________________________
ROBERT
BACON
______________________________
JAMES
A.
SEYMOUR
______________________________
DAVID
JOHNSON
______________________________
SANDRA
H.
GREINER
______________________________
MARK
CHELGREN
-2-
HF2345.5227
(3)
84
pf/nh
2/
3
______________________________
RANDY
FEENSTRA
______________________________
TIM
KAPUCIAN
______________________________
PAUL
McKINLEY
______________________________
JACK
WHITVER
-3-
HF2345.5227
(3)
84
pf/nh
3/
3