House File 345 - Introduced HOUSE FILE 345 BY KAUFMANN , ROGERS , ABDUL-SAMAD , RASMUSSEN , SANDS , and MUHLBAUER A BILL FOR An Act relating to joint physical care of children. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2273YH (4) 84 pf/nh

H.F. 345 Section 1. Section 598.41, subsection 5, paragraph a, Code 1 2011, is amended to read as follows: 2 a. (1) If joint legal custody is awarded to both parents, 3 the court may award joint physical care to both joint 4 custodial parents upon the request of either parent during the 5 proceedings on the initial dissolution petition or during the 6 proceedings on a modification of the original custody order . A 7 rebuttable presumption exists that a request for joint physical 8 care by either parent is in the best interest of the child. The 9 burden of proof to rebut the presumption rests on the party 10 denying that joint physical care is in the best interest of the 11 child, and such party shall demonstrate that joint physical 12 care is not in the best interest of the child by clear and 13 convincing evidence. 14 (2) Prior to ruling on the request for the award of joint 15 physical care, the court may require the parents to submit, 16 either individually or jointly, a proposed joint physical care 17 parenting plan. A proposed joint physical care parenting plan 18 shall address how the parents will make decisions affecting the 19 child, how the parents will provide a home for the child, how 20 the child’s time will be divided between the parents and how 21 each parent will facilitate the child’s time with the other 22 parent, arrangements in addition to court-ordered child support 23 for the child’s expenses, how the parents will resolve major 24 changes or disagreements affecting the child including changes 25 that arise due to the child’s age and developmental needs, and 26 any other issues the court may require. 27 (3) If the court finds by clear and convincing evidence 28 that joint physical care is not in the best interest of the 29 child and denies the request for joint physical care, the 30 determination shall be accompanied by specific findings of fact 31 and conclusions of law that the awarding of joint physical care 32 is not in the best interest of the child. In determining the 33 best interest of the child relative to the denial of a request 34 for joint physical care, the court shall consider that the best 35 -1- LSB 2273YH (4) 84 pf/nh 1/ 2

H.F. 345 interest of the child includes the opportunity for the maximum 1 continuous physical and emotional contact possible with both 2 parents, unless direct physical or significant emotional harm 3 to the child may result from such contact. 4 EXPLANATION 5 This bill provides that in awarding joint physical care to 6 parents, joint physical care may be awarded to both parents 7 based upon a request by either parent during the proceedings 8 on the initial dissolution petition or during the proceedings 9 on a modification of the original custody order. The bill 10 creates a rebuttable presumption that a request for joint 11 physical care by either parent is in the best interest of the 12 child, places the burden of proof to rebut the presumption 13 on the party denying that joint physical care is in the best 14 interest of the child, and requires such party to demonstrate 15 that joint physical care is not in the best interest of 16 the child by clear and convincing evidence. The bill also 17 requires that if the court denies joint physical care, the 18 court must base the findings on clear and convincing evidence. 19 In determining the best interest of the child relative to 20 the denial of a request for joint physical care, the court 21 is required to consider that the best interest of the child 22 includes the opportunity for the maximum continuous physical 23 and emotional contact possible with both parents, unless direct 24 physical or significant emotional harm to the child may result 25 from this contact. 26 -2- LSB 2273YH (4) 84 pf/nh 2/ 2