House Study Bill 574 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to the awarding of joint physical care of 1 children to parents awarded joint legal custody. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5825YC (5) 90 pf/ko

H.F. _____ Section 1. Section 598.41, subsection 5, Code 2024, is 1 amended to read as follows: 2 5. a. (1) If joint legal custody is awarded to both 3 parents, the court may award joint physical care to both joint 4 custodial parents upon the request of either parent. 5 (2) If joint legal custody is awarded to both parents, a 6 parent requests joint physical care, and both joint custodial 7 parents agree to joint physical care, the court shall award 8 joint physical care to both joint custodial parents unless the 9 court determines by clear and convincing evidence that joint 10 physical care is unreasonable and not in the best interest of 11 the child. 12 (3) Prior to ruling on the request for the award of joint 13 physical care, the court may require the parents to submit, 14 either individually or jointly, a proposed joint physical care 15 parenting plan. A proposed joint physical care parenting plan 16 shall address how the parents will make decisions affecting the 17 child, how the parents will provide a home for the child, how 18 the child’s time will be divided between the parents and how 19 each parent will facilitate the child’s time with the other 20 parent, arrangements in addition to court-ordered child support 21 for the child’s expenses, how the parents will resolve major 22 changes or disagreements affecting the child including changes 23 that arise due to the child’s age and developmental needs, and 24 any other issues the court may require. 25 (4) In making a determination regarding joint physical 26 care, the court shall avoid gender bias and in addition to the 27 factors specified in subsection 3, the court shall consider all 28 of the following in determining whether joint physical care is 29 in the best interest of the child: 30 (a) Continuity and stability of care of the child, including 31 the historical care arrangement of the child between the 32 parents. 33 (b) The ability of the parents to communicate with each 34 other and demonstrate mutual respect. 35 -1- LSB 5825YC (5) 90 pf/ko 1/ 3

H.F. _____ (c) The degree of conflict between the parents. 1 (d) The degree to which the parents are in general agreement 2 about their approach to daily decisions affecting the child. 3 (5) If the court denies the request for joint physical care, 4 the determination shall be accompanied by specific findings of 5 fact and conclusions of law , including the court’s findings of 6 fact in considering the factors under subparagraph (4), that 7 the awarding of joint physical care is not in the best interest 8 of the child. 9 b. If joint physical care is not awarded under paragraph 10 “a” , and only one joint custodial parent is awarded physical 11 care, the parent responsible for providing physical care 12 shall support the other parent’s relationship with the child. 13 Physical care awarded to one parent does not affect the other 14 parent’s rights and responsibilities as a joint legal custodian 15 of the child. Rights and responsibilities as joint legal 16 custodian of the child include but are not limited to equal 17 participation in decisions affecting the child’s legal status, 18 medical care, education, extracurricular activities, and 19 religious instruction. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to the awarding of joint physical care of 24 children to parents awarded joint legal custody. 25 The bill provides that if joint legal custody is awarded 26 to both parents, a parent requests joint physical care, and 27 both joint custodial parents agree to joint physical care, the 28 court shall award joint physical care to both joint custodial 29 parents unless the court determines by clear and convincing 30 evidence that joint physical care is unreasonable and not in 31 the best interest of the child. The bill provides that in 32 making a determination regarding the awarding of joint physical 33 care, the court shall avoid gender bias and, in addition to 34 the existing factors the court is required to consider in 35 -2- LSB 5825YC (5) 90 pf/ko 2/ 3

H.F. _____ determining the best interest of the child relative to a joint 1 custody arrangement, the court shall consider continuity and 2 stability of care of the child, including the historical care 3 arrangement of the child between the parents; the ability of 4 the parents to communicate with each other and demonstrate 5 mutual respect; the degree of conflict between the parents; and 6 the degree to which the parents are in general agreement about 7 their approach to daily decisions affecting the child. 8 If the court denies the request for joint physical care, 9 the specific findings of fact and conclusions of law that must 10 accompany the decision shall also include the court’s findings 11 of fact relating to the factors specified in the bill. 12 -3- LSB 5825YC (5) 90 pf/ko 3/ 3