House File 2106 - Introduced HOUSE FILE 2106 BY MOMMSEN A BILL FOR An Act relating to a preference for the awarding of joint 1 custody of a child to both parents. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5201YH (3) 86 pf/nh

H.F. 2106 Section 1. Section 598.41, subsection 1, paragraph a, Code 1 2016, is amended to read as follows: 2 a. The court may shall provide for joint custody of the 3 child by the parties. The court, insofar as is reasonable and 4 in the best interest of the child, shall order the custody 5 award, including liberal visitation rights where appropriate, 6 which will assure the child the opportunity for the maximum 7 continuing physical and emotional contact with both parents 8 after the parents have separated or dissolved the marriage, 9 and which will encourage parents to share the rights and 10 responsibilities of raising the child unless direct physical 11 harm or significant emotional harm to the child, other 12 children, or a parent is likely to result from such contact 13 with one parent. 14 Sec. 2. Section 598.41, subsection 2, paragraph a, Code 15 2016, is amended to read as follows: 16 a. On Notwithstanding subsection 1, paragraph “a” , upon 17 the application of either parent opposing joint custody , the 18 court shall consider granting joint custody in cases where the 19 parents do not agree to joint custody the factors specified in 20 subsection 3 to determine if joint custody is reasonable and in 21 the best interest of the child . 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill requires a court to provide for joint custody 26 of the child by the parties. Current law provides that the 27 court may provide for joint custody of the child. However, the 28 bill does not change current law that provides if the court 29 finds that a history of domestic abuse exists, a rebuttable 30 presumption against the awarding of joint custody exists. 31 The bill also provides that, notwithstanding the required 32 awarding of joint custody of a child, upon application 33 of either parent opposing joint custody, the court is to 34 consider factors specified in current law to determine if 35 -1- LSB 5201YH (3) 86 pf/nh 1/ 2

H.F. 2106 joint custody is reasonable and in the best interest of the 1 child. The factors include: whether each parent would be a 2 suitable custodian for the child; whether the psychological 3 and emotional needs and development of the child will suffer 4 due to lack of active contact with and attention from both 5 parents; whether the parents can communicate with each other 6 regarding the child’s needs; whether both parents have actively 7 cared for the child before and since the separation; whether 8 each parent can support the other parent’s relationship with 9 the child; whether the custody arrangement is in accord with 10 the child’s wishes or whether the child has strong opposition, 11 taking into consideration the child’s age and maturity; whether 12 one or both the parents agree or are opposed to joint custody; 13 the geographic proximity of the parents; whether the safety 14 of the child, other children, or the other parent will be 15 jeopardized by the awarding of joint custody or by unsupervised 16 or unrestricted visitation; whether a history of domestic abuse 17 exists; and whether a parent has allowed a person custody or 18 control of, or unsupervised access to a child after knowing 19 the person is required to register or is on the sex offender 20 registry as a sex offender. 21 The bill continues current law requiring that if the court 22 does not grant joint custody upon application of a parent 23 opposed to joint custody, the court is required to cite clear 24 and convincing evidence, pursuant to the factors specified, 25 that joint custody is unreasonable and not in the best 26 interest of the child to the extent that the legal custodial 27 relationship between the child and a parent should be severed. 28 The bill also continues current law that a finding by the 29 court that a history of domestic abuse exists, which is not 30 rebutted, shall outweigh consideration of any other factor in 31 the determination of the awarding of custody. 32 -2- LSB 5201YH (3) 86 pf/nh 2/ 2