H.F. 2090 Section 1. Section 598.41, subsection 5, paragraph a, Code 1 2016, is amended to read as follows: 2 a. If joint legal custody is awarded to both parents, 3 the court may shall award joint physical care to both joint 4 custodial parents upon the request of either parent , unless 5 the court determines that joint physical care is not in the 6 best interest of the child . Prior to ruling on the request 7 for the award of awarding joint physical care, the court 8 may require the parents to submit, either individually or 9 jointly, a proposed joint physical care parenting plan. A 10 proposed joint physical care parenting plan shall address how 11 the parents will make decisions affecting the child, how the 12 parents will provide a home for the child, how the child’s 13 time will be divided between the parents and how each parent 14 will facilitate the child’s time with the other parent, 15 arrangements in addition to court-ordered child support for the 16 child’s expenses, how the parents will resolve major changes or 17 disagreements affecting the child including changes that arise 18 due to the child’s age and developmental needs, and any other 19 issues the court may require. If the court denies the request 20 for joint physical care, the determination shall be accompanied 21 by specific findings of fact and conclusions of law that the 22 awarding of joint physical care is not in the best interest of 23 the child. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill directs that if joint legal custody is awarded 28 to both parents, the court shall award joint physical care 29 to both joint custodial parents, unless the court determines 30 joint physical care is not in the best interest of the child. 31 Current law authorizes but does not require the court to award 32 joint physical care to both joint custodial parents. 33 -1- LSB 5229YH (2) 86 pf/nh 1/ 1