SF 523 (LSB 1688SV (2) 91)

SENATE FILE 523

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1124)

A BILL FOR

An Act relating to the establishment or modification of legal custody of a child.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 598.41, subsection 2, Code 2025, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  f.  If the court finds by clear and convincing evidence that it is in the best interest of the child, the court may award separate rights and responsibilities of joint legal custody to each parent under paragraph “a”.
   NEW PARAGRAPH.  g.  The district court shall resolve joint legal custody disputes between parents during or after the pendency of the parents’ dissolution of marriage action. To initiate the resolution of a dispute, a parent shall file an application with the court and serve process on the other parent. Upon receipt of the application, the court shall set a hearing and expeditiously resolve the dispute in the best interest of the child. A resolution of a dispute may award each parent separate rights and responsibilities of joint legal custody under paragraph “f”.
   NEW PARAGRAPH.  h.  During or after the pendency of a dissolution of marriage action for the parents of a child, the parents may stipulate to a parenting plan that includes the allocation of parenting functions, parenting time, or both. The court shall approve the parenting plan unless it finds the agreement 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 the establishment or modification of legal custody of a child.
   The bill allows a court to award separate rights and responsibilities of joint legal custody to each parent in a dissolution of marriage proceeding.
   The bill allows a court to resolve joint legal custody disputes between parents during or after the pendency of the parents’ dissolution of marriage action. To initiate a dispute resolution, a parent must file an application with the court and serve process on the other parent. Upon receipt of the application, the court must set a hearing and resolve the dispute in the best interest of the child. A resolution of a dispute may award each parent separate rights and responsibilities of joint legal custody.
   The bill allows the parents of a child to stipulate to a parenting plan that includes the allocation of parenting functions, parenting time, or both. A court must approve the parenting plan unless it finds the agreement is not in the best interest of the child.