Bill Text: IA HF485 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the awarding of joint custody and joint physical care.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-03-02 - Subcommittee recommends indefinite postponement. Vote Total: 2-1. [HF485 Detail]
Download: Iowa-2023-HF485-Introduced.html
House
File
485
-
Introduced
HOUSE
FILE
485
BY
HAYES
A
BILL
FOR
An
Act
relating
to
the
awarding
of
joint
custody
and
joint
1
physical
care.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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485
Section
1.
Section
598.41,
subsection
1,
paragraph
a,
Code
1
2023,
is
amended
to
read
as
follows:
2
a.
The
court
may
provide
for
joint
custody
of
the
child
by
3
the
parties.
The
award
of
joint
legal
custody
of
the
child
4
creates
a
rebuttable
presumption
that
joint
physical
care
is
5
in
the
best
interest
of
the
child.
The
court,
insofar
as
is
6
reasonable
and
in
the
best
interest
of
the
child,
shall
order
7
the
custody
award,
including
liberal
visitation
rights
where
8
appropriate,
which
will
assure
the
child
the
opportunity
for
9
the
maximum
continuing
physical
and
emotional
contact
with
10
both
parents
after
the
parents
have
separated
or
dissolved
11
the
marriage,
and
which
will
encourage
parents
to
share
the
12
rights
and
responsibilities
of
raising
the
child
unless
direct
13
physical
harm
or
significant
emotional
harm
to
the
child,
other
14
children,
or
a
parent
is
likely
to
result
from
such
contact
15
with
one
parent.
16
Sec.
2.
Section
598.41,
subsection
5,
paragraph
a,
Code
17
2023,
is
amended
to
read
as
follows:
18
a.
If
joint
legal
custody
is
awarded
to
both
parents,
19
unless
the
presumption
that
joint
physical
care
is
in
the
best
20
interest
of
the
child
is
rebutted,
the
court
may
shall
award
21
joint
physical
care
to
both
joint
custodial
parents
upon
the
22
request
of
either
parent.
Prior
to
ruling
on
the
request
for
23
the
award
of
joint
physical
care,
the
court
may
require
the
24
parents
to
submit,
either
individually
or
jointly,
a
proposed
25
joint
physical
care
parenting
plan.
A
proposed
joint
physical
26
care
parenting
plan
shall
address
how
the
parents
will
make
27
decisions
affecting
the
child,
how
the
parents
will
provide
28
a
home
for
the
child,
how
the
child’s
time
will
be
divided
29
between
the
parents
and
how
each
parent
will
facilitate
the
30
child’s
time
with
the
other
parent,
arrangements
in
addition
to
31
court-ordered
child
support
for
the
child’s
expenses,
how
the
32
parents
will
resolve
major
changes
or
disagreements
affecting
33
the
child
including
changes
that
arise
due
to
the
child’s
age
34
and
developmental
needs,
and
any
other
issues
the
court
may
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485
require.
If
the
court
denies
the
request
for
joint
physical
1
care,
the
determination
shall
be
accompanied
by
specific
2
findings
of
fact
and
conclusions
of
law
that
the
awarding
of
3
joint
physical
care
is
not
in
the
best
interest
of
the
child.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
joint
legal
custody
and
joint
physical
8
care
of
a
child.
9
The
bill
provides
that
the
award
of
a
court
of
joint
legal
10
custody
of
a
child
creates
a
rebuttable
presumption
that
11
joint
physical
care
is
in
the
best
interest
of
the
child.
12
Additionally,
the
bill
provides
that
if
joint
legal
custody
13
is
awarded
to
both
parents,
unless
the
presumption
that
joint
14
physical
care
is
in
the
best
interest
of
the
child
is
rebutted,
15
the
court
shall
award
joint
physical
care
to
both
joint
16
custodial
parents
upon
the
request
of
either
parent.
17
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