House
File
2372
-
Reprinted
HOUSE
FILE
2372
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
2090)
(As
Amended
and
Passed
by
the
House
March
2,
2016
)
A
BILL
FOR
An
Act
relating
to
the
preference
for
joint
custody
and
joint
1
physical
care
of
a
child
in
awarding
custody.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
598.41,
subsection
1,
paragraph
a,
Code
1
2016,
is
amended
to
read
as
follows:
2
a.
The
court
may
shall
provide
for
joint
custody
of
the
3
child
by
the
parties.
The
court,
insofar
as
is
reasonable
and
4
in
the
best
interest
of
the
child,
shall
order
the
custody
5
award,
including
liberal
visitation
rights
where
appropriate,
6
which
will
assure
the
child
the
opportunity
for
the
maximum
7
continuing
physical
and
emotional
contact
with
both
parents
8
after
the
parents
have
separated
or
dissolved
the
marriage,
9
and
which
will
encourage
parents
to
share
the
rights
and
10
responsibilities
of
raising
the
child
unless
direct
physical
11
harm
or
significant
emotional
harm
to
the
child,
other
12
children,
or
a
parent
is
likely
to
result
from
such
contact
13
with
one
parent.
14
Sec.
2.
Section
598.41,
subsection
2,
paragraph
a,
Code
15
2016,
is
amended
to
read
as
follows:
16
a.
On
Notwithstanding
subsection
1,
paragraph
“a”
,
upon
17
the
application
of
either
parent
opposing
joint
custody
,
the
18
court
shall
consider
granting
joint
custody
in
cases
where
the
19
parents
do
not
agree
to
joint
custody
the
factors
specified
in
20
subsection
3
to
determine
if
joint
custody
is
reasonable
and
in
21
the
best
interest
of
the
child
.
22
Sec.
3.
Section
598.41,
subsection
5,
paragraph
a,
Code
23
2016,
is
amended
to
read
as
follows:
24
a.
If
joint
legal
custody
is
awarded
to
both
parents,
25
the
court
may
shall
award
joint
physical
care
to
both
joint
26
custodial
parents
upon
the
request
of
either
parent
,
unless
27
the
court
determines
that
joint
physical
care
is
not
in
the
28
best
interest
of
the
child
.
Prior
to
ruling
on
the
request
29
for
the
award
of
awarding
joint
physical
care,
the
court
30
may
require
the
parents
to
submit,
either
individually
or
31
jointly,
a
proposed
joint
physical
care
parenting
plan.
A
32
proposed
joint
physical
care
parenting
plan
shall
address
how
33
the
parents
will
make
decisions
affecting
the
child,
how
the
34
parents
will
provide
a
home
for
the
child,
how
the
child’s
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time
will
be
divided
between
the
parents
and
how
each
parent
1
will
facilitate
the
child’s
time
with
the
other
parent,
2
arrangements
in
addition
to
court-ordered
child
support
for
the
3
child’s
expenses,
how
the
parents
will
resolve
major
changes
or
4
disagreements
affecting
the
child
including
changes
that
arise
5
due
to
the
child’s
age
and
developmental
needs,
and
any
other
6
issues
the
court
may
require.
If
the
court
denies
the
request
7
for
joint
physical
care,
the
determination
shall
be
accompanied
8
by
specific
findings
of
fact
and
conclusions
of
law
that
the
9
awarding
of
joint
physical
care
is
not
in
the
best
interest
of
10
the
child.
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