Bill Text: IA SF2374 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to the awarding of joint custody and joint physical care. (Formerly SSB 3154.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2018-03-14 - Subcommittee Meeting: After morning debate,following sub on SF 2377 House Lounge. [SF2374 Detail]

Download: Iowa-2017-SF2374-Introduced.html

Senate File 2374 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     3154)

                                      A BILL FOR

  1 An Act relating to the awarding of joint custody and joint
  2    physical care.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 6172SV (1) 87
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PAG LIN



  1  1    Section 1.  Section 598.7, subsection 1, Code 2018, is
  1  2 amended to read as follows:
  1  3    1.  The district court may, on its own motion or on the
  1  4 motion of any party, order the parties to participate in
  1  5 mediation in any dissolution of marriage action or other
  1  6 domestic relations action. Mediation performed under this
  1  7 section shall comply with the provisions of chapter 679C.
  1  8 The provisions of this section shall not apply if the action
  1  9 involves a child support or medical support obligation
  1 10 enforced by the child support recovery unit. The provisions
  1 11 of this section shall not apply to actions which involve elder
  1 12 abuse pursuant to chapter 235F or domestic abuse pursuant
  1 13 to chapter 236. The provisions of this section shall not
  1 14 affect a judicial district's or court's authority to order
  1 15 settlement conferences pursuant to rules of civil procedure.
  1 16 The court shall, on application of a party, grant a waiver
  1 17 from any court=ordered mediation under this section if the
  1 18 party demonstrates that a history of domestic abuse exists as
  1 19 specified in section 598.41, subsection 3, paragraph "j" "i".
  1 20    Sec. 2.  Section 598.41, subsection 1, paragraphs a, c, and
  1 21 d, Code 2018, are amended to read as follows:
  1 22    a.  The court may provide for joint legal custody of the
  1 23 child by the parties. The court, insofar as is reasonable and
  1 24 in the best interest of the child, shall order the custody
  1 25 award, including liberal visitation rights where appropriate,
  1 26 which will assure the child the opportunity for the maximum
  1 27 continuing physical and emotional contact with both parents
  1 28 after the parents have separated or dissolved the marriage,
  1 29 and which will encourage parents to share the rights and
  1 30 responsibilities of raising the child unless direct physical
  1 31 harm or significant emotional harm to the child, other
  1 32 children, or a parent is likely to result from such contact
  1 33 with one parent.
  1 34    c.  The court shall consider the denial by one parent of
  1 35 the child's opportunity for maximum continuing contact with
  2  1 the other parent, without just cause, a significant factor in
  2  2 determining the proper custody arrangement. Just cause may
  2  3 include a determination by the court pursuant to subsection
  2  4 3, paragraph "j" "i", that a history of domestic abuse exists
  2  5 between the parents.
  2  6    d.  If a history of domestic abuse exists as determined by
  2  7 a court pursuant to subsection 3, paragraph "j" "i", and if
  2  8 a parent who is a victim of such domestic abuse relocates or
  2  9 is absent from the home based upon the fear of or actual acts
  2 10 or threats of domestic abuse perpetrated by the other parent,
  2 11 the court shall not consider the relocation or absence of that
  2 12 parent as a factor against that parent in the awarding of
  2 13 custody or visitation.
  2 14    Sec. 3.  Section 598.41, subsection 2, paragraphs c and d,
  2 15 Code 2018, are amended to read as follows:
  2 16    c.  A finding by the court that a history of domestic abuse
  2 17 exists, as specified in subsection 3, paragraph "j" "i", which
  2 18 is not rebutted, shall outweigh consideration of any other
  2 19 factor specified in subsection 3 in the determination of the
  2 20 awarding of custody under this subsection.
  2 21    d.  Before ruling upon the joint custody petition in these
  2 22 cases, unless the court determines that a history of domestic
  2 23 abuse exists as specified in subsection 3, paragraph "j" "i",
  2 24 or unless the court determines that direct physical harm or
  2 25 significant emotional harm to the child, other children, or a
  2 26 parent is likely to result, the court may require the parties
  2 27 to participate in custody mediation to determine whether joint
  2 28 custody is in the best interest of the child. The court may
  2 29 require the child's participation in the mediation insofar as
  2 30 the court determines the child's participation is advisable.
  2 31    Sec. 4.  Section 598.41, subsection 3, Code 2018, is amended
  2 32 to read as follows:
  2 33    3.  In considering what custody arrangement under subsection
  2 34 2 is in the best interest of the minor child, the court shall
  2 35 consider the following factors:
  3  1    a.  Whether each parent would be a suitable custodian for the
  3  2 child.
  3  3    b.  Whether the psychological and emotional needs and
  3  4 development of the child will suffer due to lack of active
  3  5 contact with and attention from both parents.
  3  6    c.  Whether the parents can communicate with each other
  3  7 regarding the child's needs.
  3  8    d.  Whether both parents have actively cared for the child
  3  9 before and since the separation.
  3 10    e.  Whether each parent can support the other parent's
  3 11 relationship with the child.
  3 12    f.  Whether the custody arrangement is in accord with the
  3 13 child's wishes or whether the child has strong opposition,
  3 14 taking into consideration the child's age and maturity.
  3 15    g.  Whether one or both the parents agree or are opposed to
  3 16 joint custody.
  3 17    h.  g.  The geographic proximity of the parents.
  3 18    i.  h.  Whether the safety of the child, other children, or
  3 19 the other parent will be jeopardized by the awarding of joint
  3 20 custody or by unsupervised or unrestricted visitation.
  3 21    j.  i.  Whether a history of domestic abuse, as defined in
  3 22 section 236.2, exists. In determining whether a history of
  3 23 domestic abuse exists, the court's consideration shall include
  3 24 but is not limited to commencement of an action pursuant to
  3 25 section 236.3, the issuance of a protective order against the
  3 26 parent or the issuance of a court order or consent agreement
  3 27 pursuant to section 236.5, the issuance of an emergency order
  3 28 pursuant to section 236.6, the holding of a parent in contempt
  3 29 pursuant to section 664A.7, the response of a peace officer to
  3 30 the scene of alleged domestic abuse or the arrest of a parent
  3 31 following response to a report of alleged domestic abuse, or
  3 32 a conviction for domestic abuse assault pursuant to section
  3 33 708.2A.
  3 34    k.  j.  Whether a parent has allowed a person custody or
  3 35 control of, or unsupervised access to a child after knowing
  4  1 the person is required to register or is on the sex offender
  4  2 registry as a sex offender under chapter 692A.
  4  3    Sec. 5.  Section 598.41, subsection 5, paragraph a, Code
  4  4 2018, is amended to read as follows:
  4  5    a.  If The awarding of joint legal custody is awarded to both
  4  6 parents, the court may award creates a rebuttable presumption
  4  7 in favor of the awarding of joint physical care to both joint
  4  8 custodial parents upon the request of either parent. Prior to
  4  9 ruling on the request for the award of joint physical care,
  4 10 the. The court may shall require the parents to submit,
  4 11 either individually or jointly, a proposed joint physical care
  4 12 parenting plan. A proposed joint physical care parenting plan
  4 13 shall address how the parents will make decisions affecting the
  4 14 child, how the parents will provide a home for the child, how
  4 15 the child's time will be divided between the parents and how
  4 16 each parent will facilitate the child's time with the other
  4 17 parent, arrangements in addition to court=ordered child support
  4 18 for the child's expenses, how the parents will resolve major
  4 19 changes or disagreements affecting the child including changes
  4 20 that arise due to the child's age and developmental needs,
  4 21 and any other issues the court may require. If the court
  4 22 denies the request for does not award joint physical care,
  4 23 the determination shall be accompanied by specific findings
  4 24 of fact and conclusions of law court shall cite clear and
  4 25 convincing evidence that the awarding of joint physical care
  4 26 is unreasonable and not in the best interest of the child, to
  4 27 the extent that the joint physical care relationship between
  4 28 the child and each parent should not be equal.  A finding by the
  4 29 court that a history of child abuse or neglect exists relative
  4 30 to the child is sufficient to rebut the presumption in favor of
  4 31 the awarding of joint physical care.
  4 32    Sec. 6.  Section 598.41, subsection 8, Code 2018, is amended
  4 33 to read as follows:
  4 34    8.  If an application for modification of a decree or
  4 35 a petition for modification of an order is filed, based
  5  1 upon differences between the parents regarding the custody
  5  2 arrangement established under the decree or order, unless the
  5  3 court determines that a history of domestic abuse exists as
  5  4 specified in subsection 3, paragraph "j" "i", or unless the
  5  5 court determines that direct physical harm or significant
  5  6 emotional harm to the child, other children, or a parent
  5  7 is likely to result, the court may require the parents to
  5  8 participate in mediation to attempt to resolve the differences
  5  9 between the parents.
  5 10                           EXPLANATION
  5 11 The inclusion of this explanation does not constitute agreement with
  5 12 the explanation's substance by the members of the general assembly.
  5 13    This bill relates to the awarding of custody of a child.
  5 14    The bill amends the factors upon which the court determines
  5 15 the custody arrangement that is in the best interest of the
  5 16 child by eliminating the factor of whether one or both of the
  5 17 parents agree or are opposed to joint custody.
  5 18    The bill establishes a rebuttable presumption in favor of
  5 19 the awarding of joint physical care if the court awards joint
  5 20 legal custody to both parents, and requires the parents to
  5 21 submit a joint physical care parenting plan. If the court  does
  5 22 not award joint physical care, the bill requires the court to
  5 23 cite clear and convincing evidence that the awarding of joint
  5 24 physical care is unreasonable and not in the best interest
  5 25 of the child, to the extent that the joint physical care
  5 26 relationship between the child and each parent should not be
  5 27 equal.  A finding by the court that a history of child abuse or
  5 28 neglect exists relative to the child is sufficient to rebut the
  5 29 presumption in favor of the awarding of joint physical care.
  5 30    The bill makes conforming changes in the Code due to the
  5 31 elimination of the factor of whether one or both of the parents
  5 32 agree or are opposed to joint custody relative to determining
  5 33 the best interest of the child.
       LSB 6172SV (1) 87
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