HF 2372 (LSB 5229HV (1) 86)

HOUSE FILE 2372

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 2090)

A BILL FOR

An Act relating to the preference for joint physical care of a child in awarding custody.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 598.41, subsection 5, paragraph a, Code 2016, is amended to read as follows:
   a.  If joint legal custody is awarded to both parents, the court may shall award joint physical care to both joint custodial parents upon the request of either parent, unless the court determines that joint physical care is not in the best interest of the child. Prior to ruling on the request for the award of awarding joint physical care, the court may require the parents to submit, either individually or jointly, a proposed joint physical care parenting plan. A proposed joint physical care parenting plan shall address how the parents will make decisions affecting the child, how the parents will provide a home for the child, how the child’s time will be divided between the parents and how each parent will facilitate the child’s time with the other parent, arrangements in addition to court-ordered child support for the child’s expenses, how the parents will resolve major changes or disagreements affecting the child including changes that arise due to the child’s age and developmental needs, and any other issues the court may require. If the court denies the request for joint physical care, the determination shall be accompanied by specific findings of fact and conclusions of law that the awarding of joint physical care is not in the best interest of the child.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill directs that if joint legal custody is awarded to both parents, the court shall award joint physical care to both joint custodial parents, unless the court determines joint physical care is not in the best interest of the child. Current law authorizes but does not require the court to award joint physical care to both joint custodial parents.