House File 2385 - Introduced



                                       HOUSE FILE       
                                       BY  SANDS


    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
  2    children.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6231YH 81
  5 pf/cf/24

PAG LIN



  1  1    Section 1.  Section 598.41, subsection 5, paragraph a, Code
  1  2 Supplement 2005, is amended to read as follows:
  1  3    a.  If joint legal custody is awarded to both parents, the
  1  4 court may award joint physical care to both joint custodial
  1  5 parents upon the request of either parent during the
  1  6 proceedings on the initial dissolution petition or during the
  1  7 proceedings on a modification of the original custody order.
  1  8 A rebuttable presumption exists that a request for joint
  1  9 physical care by either parent is in the best interest of the
  1 10 child and the burden of proof to rebut the presumption rests
  1 11 on the party denying that joint physical care is in the best
  1 12 interest of the child.  Prior to ruling on the request for the
  1 13 award of joint physical care, the court may require the
  1 14 parents to submit, either individually or jointly, a proposed
  1 15 joint physical care parenting plan.  A proposed joint physical
  1 16 care parenting plan shall address how the parents will make
  1 17 decisions affecting the child, how the parents will provide a
  1 18 home for the child, how the child's time will be divided
  1 19 between the parents and how each parent will facilitate the
  1 20 child's time with the other parent, arrangements in addition
  1 21 to court=ordered child support for the child's expenses, how
  1 22 the parents will resolve major changes or disagreements
  1 23 affecting the child including changes that arise due to the
  1 24 child's age and developmental needs, and any other issues the
  1 25 court may require.  If the court denies the request for joint
  1 26 physical care, the determination shall be accompanied by
  1 27 specific findings of fact and conclusions of law that the
  1 28 awarding of joint physical care is not in the best interest of
  1 29 the child.  In determining the best interest of the child
  1 30 relative to the denial of a request for joint physical care,
  1 31 the court shall consider that the best interest of the child
  1 32 includes the opportunity for maximum continuous physical and
  1 33 emotional contact possible with both parents, unless direct
  1 34 physical or significant emotional harm to the child may result
  1 35 from this contact.
  2  1                           EXPLANATION
  2  2    This bill provides that in awarding joint physical care to
  2  3 parents under the dissolution of marriage chapter, joint
  2  4 physical care may be awarded to both parents based upon a
  2  5 request by either parent either during the proceedings on the
  2  6 initial dissolution petition or during the proceedings on a
  2  7 modification of the original custody order.  The bill creates
  2  8 a rebuttable presumption that a request for joint physical
  2  9 care by either parent is in the best interest of the child and
  2 10 places the burden of proof to rebut the presumption on the
  2 11 party denying that joint physical care is in the best interest
  2 12 of the child.  In determining the best interest of the child
  2 13 relative to the denial of a request for joint physical care,
  2 14 the court is to consider that best interest of the child
  2 15 includes the opportunity for maximum continuous physical and
  2 16 emotional contact possible with both parents, unless direct
  2 17 physical or significant emotional harm to the child may result
  2 18 from this contact.
  2 19 LSB 6231YH 81
  2 20 pf/cf/24