HF 932 (LSB 2910HV (1) 91)

HOUSE FILE 932

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 300)

A BILL FOR

An Act relating to requirements for a parent to obtain joint physical custody of a child.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 598.41, subsection 5, Code 2025, is amended to read as follows:
   5.  a.  (1)  If joint legal custody is awarded to both parents, the court may 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 shall 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.
   (2)  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, and list the requirements the parent who was not awarded physical care of a child must meet to be awarded joint physical care of the child in the future. A parent’s fulfillment of the requirements listed by a court under this subparagraph shall be considered a material and substantial change in circumstances for the purposes of modifying an order awarding child custody.
   b.  If joint physical care is not awarded under paragraph “a”, and only one joint custodial parent is awarded physical care, the parent responsible for providing physical care shall support the other parent’s relationship with the child. Physical care awarded to one parent does not affect the other parent’s rights and responsibilities as a joint legal custodian of the child. Rights and responsibilities as joint legal custodian of the child include but are not limited to equal participation in decisions affecting the child’s legal status, medical care, education, extracurricular activities, and religious instruction.  A parent awarded physical care of a child shall not intentionally impede the other parent from fulfilling requirements listed by a court under paragraph “a”, subparagraph (2).
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 requirements for a parent to obtain joint physical custody of a child.
   Under current law, a court may require parents awarded joint legal custody of a child in a dissolution of marriage proceeding to submit a proposed joint physical care parenting plan. The bill requires the parents to submit a proposed joint physical care parenting plan.
   If a court denies a request for joint physical care of a child, the bill requires the court to list the requirements the parent who was not awarded physical care of a child must meet to be awarded joint physical care of the child in the future. A parent’s fulfillment of the listed requirements shall be considered a material and substantial change in circumstances for the purposes of modifying an order awarding child custody. The bill prohibits the parent awarded physical care of the child from intentionally impeding the other parent from fulfilling the listed requirements.