HSB 263 (LSB 1845YC (1) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to temporary orders of child custody in dissolution proceedings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 598.10, subsection 1, paragraph b, Code 2025, is amended to read as follows:
   b.  In order to encourage compliance with a visitation order, a temporary order for custody shall provide for a minimum visitation schedule with the noncustodial parent, unless the court determines that such visitation is not in the best interest of the child.  In considering the temporary order, the court shall order on a temporary basis during the pendency of the original custody proceeding temporary joint physical care of the child to both parties unless a rebuttable presumption exists against awarding physical care to one of the parties. If the court finds, by a preponderance of the evidence, that joint physical care is inappropriate, the court shall cite the reasons that joint physical care would be inappropriate using the factors listed in section 598.41, subsection 3.
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 temporary orders of child custody during dissolution proceedings. The bill provides that unless a rebuttable presumption exists against awarding physical care to one of the parties, the court shall award temporary joint physical care of the child to both parties during the pendency of the custody proceeding. If the court finds, by a preponderance of the evidence, that joint physical care is inappropriate, the court is required to cite the reasons for its decision.