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