House File 22

                                       HOUSE FILE       
                                       BY  BODDICKER


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the awarding of joint physical care of a
  2    child.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1381YH 80
  5 pf/sh/8

PAG LIN

  1  1    Section 1.  Section 598.41, subsection 5, Code 2003, is
  1  2 amended to read as follows:
  1  3    5.  a.  Joint If joint legal custody is awarded to both
  1  4 parents, joint physical care may be in the best interest of
  1  5 the child, but joint legal custody does not require joint
  1  6 physical care.  When the court determines such action would be
  1  7 in the best interest of the child and would preserve the
  1  8 relationship between each parent and the child, joint physical
  1  9 care may shall be awarded to both joint custodial parents or
  1 10 physical care may be awarded to one joint custodial parent,
  1 11 unless a parent objects to the awarding of joint physical care
  1 12 to the other parent and the parent objecting provides clear
  1 13 and convincing evidence that joint physical care is
  1 14 unreasonable and not in the best interest of the child.
  1 15    b.  If joint physical care is not awarded under paragraph
  1 16 "a", and only one joint custodial parent is awarded physical
  1 17 care, the parent responsible for providing physical care shall
  1 18 support the other parent's relationship with the child.
  1 19 Physical care awarded to one parent does not affect the other
  1 20 parent's rights and responsibilities as a joint legal
  1 21 custodian of the child.  Rights and responsibilities as joint
  1 22 legal custodian of the child include, but are not limited to,
  1 23 equal participation in decisions affecting the child's legal
  1 24 status, medical care, education, extracurricular activities,
  1 25 and religious instruction.
  1 26                           EXPLANATION
  1 27    This bill relates to the awarding of joint physical care of
  1 28 a child.  The bill provides that if parents are awarded joint
  1 29 legal custody of a child, the court shall award joint physical
  1 30 care to both parents, unless a parent objects to the awarding
  1 31 of joint physical care to the other parent and the parent
  1 32 objecting provides clear and convincing evidence that joint
  1 33 physical care is unreasonable and not in the best interest of
  1 34 the child.
  1 35 LSB 1381YH 80
  2  1 pf/sh/8