Bill Text: IA HF2106 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to a preference for the awarding of joint custody of a child to both parents.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2016-02-10 - Passed subcommittee. [HF2106 Detail]

Download: Iowa-2015-HF2106-Introduced.html

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House File 2106 - Introduced




                                 HOUSE FILE       
                                 BY  MOMMSEN

                                      A BILL FOR

  1 An Act relating to a preference for the awarding of joint
  2    custody of a child to both parents.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5201YH (3) 86
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PAG LIN



  1  1    Section 1.  Section 598.41, subsection 1, paragraph a, Code
  1  2 2016, is amended to read as follows:
  1  3    a.  The court may shall provide for joint custody of the
  1  4 child by the parties. The court, insofar as is reasonable and
  1  5 in the best interest of the child, shall order the custody
  1  6 award, including liberal visitation rights where appropriate,
  1  7 which will assure the child the opportunity for the maximum
  1  8 continuing physical and emotional contact with both parents
  1  9 after the parents have separated or dissolved the marriage,
  1 10 and which will encourage parents to share the rights and
  1 11 responsibilities of raising the child unless direct physical
  1 12 harm or significant emotional harm to the child, other
  1 13 children, or a parent is likely to result from such contact
  1 14 with one parent.
  1 15    Sec. 2.  Section 598.41, subsection 2, paragraph a, Code
  1 16 2016, is amended to read as follows:
  1 17    a.  On Notwithstanding subsection 1, paragraph "a", upon
  1 18  the application of either parent opposing joint custody, the
  1 19 court shall consider granting joint custody in cases where the
  1 20 parents do not agree to joint custody the factors specified in
  1 21 subsection 3 to determine if joint custody is reasonable and in
  1 22 the best interest of the child.
  1 23                           EXPLANATION
  1 24 The inclusion of this explanation does not constitute agreement with
  1 25 the explanation's substance by the members of the general assembly.
  1 26    This bill requires a court to provide for joint custody
  1 27 of the child by the parties. Current law provides that the
  1 28 court may provide for joint custody of the child. However, the
  1 29 bill does not change current law that provides if the court
  1 30 finds that a history of domestic abuse exists, a rebuttable
  1 31 presumption against the awarding of joint custody exists.
  1 32    The bill also provides that, notwithstanding the required
  1 33 awarding of joint custody of a child, upon application
  1 34 of either parent opposing joint custody, the court is to
  1 35 consider factors specified in current law to determine if
  2  1 joint custody is reasonable and in the best interest of the
  2  2 child.  The factors include: whether each parent would be a
  2  3 suitable custodian for the child; whether the psychological
  2  4 and emotional needs and development of the child will suffer
  2  5 due to lack of active contact with and attention from both
  2  6 parents; whether the parents can communicate with each other
  2  7 regarding the child's needs; whether both parents have actively
  2  8 cared for the child before and since the separation; whether
  2  9 each parent can support the other parent's relationship with
  2 10 the child; whether the custody arrangement is in accord with
  2 11 the child's wishes or whether the child has strong opposition,
  2 12 taking into consideration the child's age and maturity; whether
  2 13 one or both the parents agree or are opposed to joint custody;
  2 14 the geographic proximity of the parents; whether the safety
  2 15 of the child, other children, or the other parent will be
  2 16 jeopardized by the awarding of joint custody or by unsupervised
  2 17 or unrestricted visitation; whether a history of domestic abuse
  2 18 exists; and whether a parent has allowed a person custody or
  2 19 control of, or unsupervised access to a child after knowing
  2 20 the person is required to register or is on the sex offender
  2 21 registry as a sex offender.
  2 22    The bill continues current law requiring that if the court
  2 23 does not grant joint custody upon application of a parent
  2 24 opposed to joint custody, the court is required to cite clear
  2 25 and convincing evidence, pursuant to the factors specified,
  2 26 that joint custody is unreasonable and not in the best
  2 27 interest of the child to the extent that the legal custodial
  2 28 relationship between the child and a parent should be severed.
  2 29 The bill also continues current law that a finding by the
  2 30 court that a history of domestic abuse exists, which is not
  2 31 rebutted, shall outweigh consideration of any other factor in
  2 32 the determination of the awarding of custody.
       LSB 5201YH (3) 86
       pf/nh