SF 274 (LSB 2182XS (2) 90)

SENATE FILE 274

BY  GARRETT

A BILL FOR

An Act relating to the awarding of joint custody and joint physical care.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 598.41, subsection 1, paragraph a, Code 2023, is amended to read as follows:
   a.  The court may provide for joint custody of the child by the parties.  The award of joint legal custody of the child creates a rebuttable presumption that joint physical care is in the best interest of the child. The court, insofar as is reasonable and in the best interest of the child, shall order the custody award, including liberal visitation rights where appropriate, which will assure the child the opportunity for the maximum continuing physical and emotional contact with both parents after the parents have separated or dissolved the marriage, and which will encourage parents to share the rights and responsibilities of raising the child unless direct physical harm or significant emotional harm to the child, other children, or a parent is likely to result from such contact with one parent.
    Sec. 2.  Section 598.41, subsection 5, paragraph a, Code 2023, is amended to read as follows:
   a.  If joint legal custody is awarded to both parents, unless the presumption that joint physical care is in the best interest of the child is rebutted, the court may shall award joint physical care to both joint custodial parents upon the request of either parent. Prior to ruling on the request for the award of 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 relates to joint legal custody and joint physical care of a child.
   The bill provides that the award of a court of joint legal custody of a child creates a rebuttable presumption that joint physical care is in the best interest of the child. Additionally, the bill provides that if joint legal custody is awarded to both parents, unless the presumption that joint physical care is in the best interest of the child is rebutted, the court shall award joint physical care to both joint custodial parents upon the request of either parent.