Bill Text: IA HF71 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the preference for joint custody and joint physical care of a child in awarding custody.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2017-02-28 - Subcommittee recommends indefinite postponement. [HF71 Detail]

Download: Iowa-2017-HF71-Introduced.html

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House File 71 - Introduced




                                 HOUSE FILE       
                                 BY  MOMMSEN

                                      A BILL FOR

  1 An Act relating to the preference for joint custody and joint
  2    physical care of a child in awarding custody.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1905YH (1) 87
    pf/nh

PAG LIN



  1  1    Section 1.  Section 598.41, subsection 1, paragraph a, Code
  1  2 2017, 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 2017, 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    Sec. 3.  Section 598.41, subsection 5, paragraph a, Code
  1 24 2017, is amended to read as follows:
  1 25    a.  If joint legal custody is awarded to both parents,
  1 26 the court may shall award joint physical care to both joint
  1 27 custodial parents upon the request of either parent, unless
  1 28 the court determines that joint physical care is not in the
  1 29 best interest of the child. Prior to ruling on the request
  1 30 for the award of awarding joint physical care, the court
  1 31 may require the parents to submit, either individually or
  1 32 jointly, a proposed joint physical care parenting plan. A
  1 33 proposed joint physical care parenting plan shall address how
  1 34 the parents will make decisions affecting the child, how the
  1 35 parents will provide a home for the child, how the child's
  2  1 time will be divided between the parents and how each parent
  2  2 will facilitate the child's time with the other parent,
  2  3 arrangements in addition to court=ordered child support for the
  2  4 child's expenses, how the parents will resolve major changes or
  2  5 disagreements affecting the child including changes that arise
  2  6 due to the child's age and developmental needs, and any other
  2  7 issues the court may require. If the court denies the request
  2  8 for joint physical care, the determination shall be accompanied
  2  9 by specific findings of fact and conclusions of law that the
  2 10 awarding of joint physical care is not in the best interest of
  2 11 the child.
  2 12                           EXPLANATION
  2 13 The inclusion of this explanation does not constitute agreement with
  2 14 the explanation's substance by the members of the general assembly.
  2 15    This bill directs that the court shall, rather than may as
  2 16 under current law, award joint custody to both parties unless
  2 17 direct physical harm or significant emotional harm to the
  2 18 child, other children, or a parent is likely to result from
  2 19 such contact with one parent. Notwithstanding the requirement
  2 20 of awarding joint custody to both parents, upon application of
  2 21 either parent opposing joint custody, the court shall consider
  2 22 the factors specified for determining the best interest of the
  2 23 child to determine if joint custody is reasonable and in the
  2 24 best interest of the child.
  2 25    The bill also provides that if joint custody is awarded,
  2 26 joint physical care shall, rather than may as under current
  2 27 law, be awarded to both parents unless the court determines
  2 28 that joint physical care is not in the best interest of the
  2 29 child.
       LSB 1905YH (1) 87
       pf/nh