Bill Text: IA SF571 | 2019-2020 | 88th General Assembly | Amended
Bill Title: A bill for an act relating to the awarding of joint custody and joint physical care. (Formerly SF 11.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2020-03-11 - Subcommittee: Kaufmann, Bergan and Oldson. H.J. 588. [SF571 Detail]
Download: Iowa-2019-SF571-Amended.html
Senate
File
571
-
Reprinted
SENATE
FILE
571
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
11)
(As
Amended
and
Passed
by
the
Senate
March
10,
2020
)
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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Section
1.
Section
598.7,
subsection
1,
Code
2020,
is
1
amended
to
read
as
follows:
2
1.
The
district
court
may,
on
its
own
motion
or
on
the
3
motion
of
any
party,
order
the
parties
to
participate
in
4
mediation
in
any
dissolution
of
marriage
action
or
other
5
domestic
relations
action.
Mediation
performed
under
this
6
section
shall
comply
with
the
provisions
of
chapter
679C
.
7
The
provisions
of
this
section
shall
not
apply
if
the
action
8
involves
a
child
support
or
medical
support
obligation
9
enforced
by
the
child
support
recovery
unit.
The
provisions
10
of
this
section
shall
not
apply
to
actions
which
involve
elder
11
abuse
pursuant
to
chapter
235F
or
domestic
abuse
pursuant
12
to
chapter
236
.
The
provisions
of
this
section
shall
not
13
affect
a
judicial
district’s
or
court’s
authority
to
order
14
settlement
conferences
pursuant
to
rules
of
civil
procedure.
15
The
court
shall,
on
application
of
a
party,
grant
a
waiver
16
from
any
court-ordered
mediation
under
this
section
if
the
17
party
demonstrates
that
a
history
of
domestic
abuse
exists
as
18
specified
in
section
598.41,
subsection
3
,
paragraph
“j”
“i”
.
19
Sec.
2.
Section
598.41,
subsection
1,
paragraphs
a,
c,
and
20
d,
Code
2020,
are
amended
to
read
as
follows:
21
a.
The
court
may
provide
for
joint
legal
custody
of
the
22
child
by
the
parties.
The
court,
insofar
as
is
reasonable
and
23
in
the
best
interest
of
the
child,
shall
order
the
custody
24
award,
including
liberal
visitation
rights
where
appropriate,
25
which
will
assure
the
child
the
opportunity
for
the
maximum
26
continuing
physical
and
emotional
contact
with
both
parents
27
after
the
parents
have
separated
or
dissolved
the
marriage,
28
and
which
will
encourage
parents
to
share
the
rights
and
29
responsibilities
of
raising
the
child
unless
direct
physical
30
harm
or
significant
emotional
harm
to
the
child,
other
31
children,
or
a
parent
is
likely
to
result
from
such
contact
32
with
one
parent.
33
c.
The
court
shall
consider
the
denial
by
one
parent
of
34
the
child’s
opportunity
for
maximum
continuing
contact
with
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the
other
parent,
without
just
cause,
a
significant
factor
in
1
determining
the
proper
custody
arrangement.
Just
cause
may
2
include
a
determination
by
the
court
pursuant
to
subsection
3
3
,
paragraph
“j”
“i”
,
that
a
history
of
domestic
abuse
exists
4
between
the
parents.
5
d.
If
a
history
of
domestic
abuse
exists
as
determined
by
6
a
court
pursuant
to
subsection
3
,
paragraph
“j”
“i”
,
and
if
7
a
parent
who
is
a
victim
of
such
domestic
abuse
relocates
or
8
is
absent
from
the
home
based
upon
the
fear
of
or
actual
acts
9
or
threats
of
domestic
abuse
perpetrated
by
the
other
parent,
10
the
court
shall
not
consider
the
relocation
or
absence
of
that
11
parent
as
a
factor
against
that
parent
in
the
awarding
of
12
custody
or
visitation.
13
Sec.
3.
Section
598.41,
subsection
2,
paragraphs
c
and
d,
14
Code
2020,
are
amended
to
read
as
follows:
15
c.
A
finding
by
the
court
that
a
history
of
domestic
abuse
16
exists,
as
specified
in
subsection
3
,
paragraph
“j”
“i”
,
which
17
is
not
rebutted,
shall
outweigh
consideration
of
any
other
18
factor
specified
in
subsection
3
in
the
determination
of
the
19
awarding
of
custody
under
this
subsection
.
20
d.
Before
ruling
upon
the
joint
custody
petition
in
these
21
cases,
unless
the
court
determines
that
a
history
of
domestic
22
abuse
exists
as
specified
in
subsection
3
,
paragraph
“j”
“i”
,
23
or
unless
the
court
determines
that
direct
physical
harm
or
24
significant
emotional
harm
to
the
child,
other
children,
or
a
25
parent
is
likely
to
result,
the
court
may
require
the
parties
26
to
participate
in
custody
mediation
to
determine
whether
joint
27
custody
is
in
the
best
interest
of
the
child.
The
court
may
28
require
the
child’s
participation
in
the
mediation
insofar
as
29
the
court
determines
the
child’s
participation
is
advisable.
30
Sec.
4.
Section
598.41,
subsection
3,
Code
2020,
is
amended
31
to
read
as
follows:
32
3.
In
considering
what
custody
arrangement
under
subsection
33
2
is
in
the
best
interest
of
the
minor
child,
the
court
shall
34
consider
the
following
factors:
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a.
Whether
each
parent
would
be
a
suitable
custodian
for
the
1
child.
2
b.
Whether
the
psychological
and
emotional
needs
and
3
development
of
the
child
will
suffer
due
to
lack
of
active
4
contact
with
and
attention
from
both
parents.
5
c.
Whether
the
parents
can
communicate
with
each
other
6
regarding
the
child’s
needs.
7
d.
Whether
both
parents
have
actively
cared
for
the
child
8
before
and
since
the
separation.
9
e.
Whether
each
parent
can
support
the
other
parent’s
10
relationship
with
the
child.
11
f.
Whether
the
custody
arrangement
is
in
accord
with
the
12
child’s
wishes
or
whether
the
child
has
strong
opposition,
13
taking
into
consideration
the
child’s
age
and
maturity.
14
g.
Whether
one
or
both
of
the
parents
agree
or
are
opposed
15
to
joint
custody.
16
h.
g.
The
geographic
proximity
of
the
parents.
17
i.
h.
Whether
the
safety
of
the
child,
other
children,
or
18
the
other
parent
will
be
jeopardized
by
the
awarding
of
joint
19
custody
or
by
unsupervised
or
unrestricted
visitation.
20
j.
i.
Whether
a
history
of
domestic
abuse,
as
defined
in
21
section
236.2
,
exists.
In
determining
whether
a
history
of
22
domestic
abuse
exists,
the
court’s
consideration
shall
include
23
but
is
not
limited
to
commencement
of
an
action
pursuant
to
24
section
236.3
,
the
issuance
of
a
protective
order
against
the
25
parent
or
the
issuance
of
a
court
order
or
consent
agreement
26
pursuant
to
section
236.5
,
the
issuance
of
an
emergency
order
27
pursuant
to
section
236.6
,
the
holding
of
a
parent
in
contempt
28
pursuant
to
section
664A.7
,
the
response
of
a
peace
officer
to
29
the
scene
of
alleged
domestic
abuse
or
the
arrest
of
a
parent
30
following
response
to
a
report
of
alleged
domestic
abuse,
or
31
a
conviction
for
domestic
abuse
assault
pursuant
to
section
32
708.2A
.
33
k.
j.
Whether
a
parent
has
allowed
a
person
custody
or
34
control
of,
or
unsupervised
access
to
a
child
after
knowing
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the
person
is
required
to
register
or
is
on
the
sex
offender
1
registry
as
a
sex
offender
under
chapter
692A
.
2
Sec.
5.
Section
598.41,
subsection
5,
paragraph
a,
Code
3
2020,
is
amended
to
read
as
follows:
4
a.
If
The
awarding
of
joint
legal
custody
is
awarded
to
both
5
parents,
the
court
may
award
creates
a
rebuttable
presumption
6
in
favor
of
the
awarding
of
joint
physical
care
to
both
joint
7
custodial
parents
upon
the
request
of
either
parent.
Prior
to
8
ruling
on
the
request
for
the
award
of
joint
physical
care,
9
the
.
The
court
may
shall
require
the
parents
to
submit,
10
either
individually
or
jointly,
a
proposed
joint
physical
care
11
parenting
plan.
A
proposed
joint
physical
care
parenting
plan
12
shall
address
how
the
parents
will
make
decisions
affecting
the
13
child,
how
the
parents
will
provide
a
home
for
the
child,
how
14
the
child’s
time
will
be
divided
between
the
parents
and
how
15
each
parent
will
facilitate
the
child’s
time
with
the
other
16
parent,
arrangements
in
addition
to
court-ordered
child
support
17
for
the
child’s
expenses,
how
the
parents
will
resolve
major
18
changes
or
disagreements
affecting
the
child
including
changes
19
that
arise
due
to
the
child’s
age
and
developmental
needs,
20
and
any
other
issues
the
court
may
require.
If
the
court
21
denies
the
request
for
does
not
award
joint
physical
care,
22
the
determination
shall
be
accompanied
by
specific
findings
23
of
fact
and
conclusions
of
law
court
shall
cite
clear
and
24
convincing
evidence
that
the
awarding
of
joint
physical
care
25
is
unreasonable
and
not
in
the
best
interest
of
the
child
,
to
26
the
extent
that
the
joint
physical
care
relationship
between
27
the
child
and
each
parent
should
not
be
equal
.
A
finding
by
the
28
court
that
a
history
of
child
abuse
or
neglect
exists
relative
29
to
the
child
is
sufficient
to
rebut
the
presumption
in
favor
of
30
the
awarding
of
joint
physical
care.
31
Sec.
6.
Section
598.41,
subsection
8,
Code
2020,
is
amended
32
to
read
as
follows:
33
8.
If
an
application
for
modification
of
a
decree
or
34
a
petition
for
modification
of
an
order
is
filed,
based
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upon
differences
between
the
parents
regarding
the
custody
1
arrangement
established
under
the
decree
or
order,
unless
the
2
court
determines
that
a
history
of
domestic
abuse
exists
as
3
specified
in
subsection
3
,
paragraph
“j”
“i”
,
or
unless
the
4
court
determines
that
direct
physical
harm
or
significant
5
emotional
harm
to
the
child,
other
children,
or
a
parent
6
is
likely
to
result,
the
court
may
require
the
parents
to
7
participate
in
mediation
to
attempt
to
resolve
the
differences
8
between
the
parents.
9
Sec.
7.
Section
633.560A,
subsection
1,
Code
2020,
is
10
amended
to
read
as
follows:
11
1.
The
district
court
may,
on
its
own
motion
or
on
the
12
motion
of
any
party,
order
the
parties
to
participate
in
13
mediation
in
any
guardianship
or
conservatorship
action.
14
Mediation
performed
under
this
section
shall
comply
with
the
15
provisions
of
chapter
679C
.
The
court
shall,
upon
application
16
of
a
party,
grant
a
waiver
from
any
court-ordered
mediation
17
under
this
section
if
the
party
demonstrates
that
a
history
18
of
domestic
abuse
exists
similarly
as
considered
in
section
19
598.41,
subsection
3
,
paragraph
“j”
“i”
.
The
court
may,
upon
20
application
of
a
party,
grant
a
waiver
from
any
court-ordered
21
mediation
if
the
action
involves
elder
abuse
pursuant
to
22
chapter
235F
.
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