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 pf/rh 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 15g. Whether one or both the parents agree or are opposed to 3 16 joint custody.3 17h.g. The geographic proximity of the parents. 3 18i.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 21j.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 34k.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.IfThe awarding of joint legal custodyis awardedto both 4 6 parents,the court may awardcreates a rebuttable presumption 4 7 in favor of the awarding of joint physical care to both joint 4 8 custodial parentsupon the request of either parent. Prior to 4 9 ruling on the request for the award of joint physical care, 4 10 the. The courtmayshall 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 22denies the request fordoes not award joint physical care, 4 23 thedetermination shall be accompanied by specific findings 4 24 of fact and conclusions of lawcourt 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 pf/rh