Bill Text: IA HF2090 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to the preference for joint physical care of a child in awarding custody. (See Cmte. Bill HF 2372)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-03-02 - Withdrawn. H.J. 397. [HF2090 Detail]

Download: Iowa-2015-HF2090-Introduced.html

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House File 2090 - Introduced




                                 HOUSE FILE       
                                 BY  RIZER

                                      A BILL FOR

  1 An Act relating to the preference for joint physical care of a
  2    child in awarding custody.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5229YH (2) 86
    pf/nh

PAG LIN



  1  1    Section 1.  Section 598.41, subsection 5, paragraph a, Code
  1  2 2016, is amended to read as follows:
  1  3    a.  If joint legal custody is awarded to both parents,
  1  4 the court may shall award joint physical care to both joint
  1  5 custodial parents upon the request of either parent, unless
  1  6 the court determines that joint physical care is not in the
  1  7 best interest of the child. Prior to ruling on the request
  1  8 for the award of awarding joint physical care, the court
  1  9 may require the parents to submit, either individually or
  1 10 jointly, a proposed joint physical care parenting plan. A
  1 11 proposed joint physical care parenting plan shall address how
  1 12 the parents will make decisions affecting the child, how the
  1 13 parents will provide a home for the child, how the child's
  1 14 time will be divided between the parents and how each parent
  1 15 will facilitate the child's time with the other parent,
  1 16 arrangements in addition to court=ordered child support for the
  1 17 child's expenses, how the parents will resolve major changes or
  1 18 disagreements affecting the child including changes that arise
  1 19 due to the child's age and developmental needs, and any other
  1 20 issues the court may require. If the court denies the request
  1 21 for joint physical care, the determination shall be accompanied
  1 22 by specific findings of fact and conclusions of law that the
  1 23 awarding of joint physical care is not in the best interest of
  1 24 the child.
  1 25                           EXPLANATION
  1 26 The inclusion of this explanation does not constitute agreement with
  1 27 the explanation's substance by the members of the general assembly.
  1 28    This bill directs that if joint legal custody is awarded
  1 29 to both parents, the court shall award joint physical care
  1 30 to both joint custodial parents, unless the court determines
  1 31 joint physical care is not in the best interest of the child.
  1 32 Current law authorizes but does not require the court to award
  1 33 joint physical care to both joint custodial parents.
       LSB 5229YH (2) 86
       pf/nh