House Study Bill 300 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to requirements for a parent to obtain joint 1 physical custody of a child. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2910YC (2) 91 dg/jh
H.F. _____ Section 1. Section 598.41, subsection 5, Code 2025, is 1 amended to read as follows: 2 5. a. (1) If joint legal custody is awarded to both 3 parents, the court may award joint physical care to both joint 4 custodial parents upon the request of either parent. Prior 5 to ruling on the request for the award of joint physical 6 care, the court may shall require the parents to submit, 7 either individually or jointly, a proposed joint physical care 8 parenting plan. A proposed joint physical care parenting plan 9 shall address how the parents will make decisions affecting the 10 child, how the parents will provide a home for the child, how 11 the childs time will be divided between the parents and how 12 each parent will facilitate the childs time with the other 13 parent, arrangements in addition to court-ordered child support 14 for the childs expenses, how the parents will resolve major 15 changes or disagreements affecting the child including changes 16 that arise due to the childs age and developmental needs, and 17 any other issues the court may require. 18 (2) If the court denies the request for joint physical care, 19 the determination shall be accompanied by specific findings of 20 fact and conclusions of law that the awarding of joint physical 21 care is not in the best interest of the child , and list the 22 requirements the parent who was not awarded physical care of a 23 child must meet to be awarded joint physical care of the child 24 in the future. A parents fulfillment of the requirements 25 listed by a court under this subparagraph shall be considered 26 a material and substantial change in circumstances for the 27 purposes of modifying an order awarding child custody . 28 b. If joint physical care is not awarded under paragraph 29 a , and only one joint custodial parent is awarded physical 30 care, the parent responsible for providing physical care 31 shall support the other parents relationship with the child. 32 Physical care awarded to one parent does not affect the 33 other parents rights and responsibilities as a joint legal 34 custodian of the child. Rights and responsibilities as joint 35 -1- LSB 2910YC (2) 91 dg/jh 1/ 2
H.F. _____ legal custodian of the child include but are not limited to 1 equal participation in decisions affecting the childs legal 2 status, medical care, education, extracurricular activities, 3 and religious instruction. A parent awarded physical care of 4 a child shall not intentionally impede the other parent from 5 fulfilling requirements listed by a court under paragraph a , 6 subparagraph (2). 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanations substance by the members of the general assembly. 10 This bill relates to requirements for a parent to obtain 11 joint physical custody of a child. 12 Under current law, a court may require parents awarded 13 joint legal custody of a child in a dissolution of marriage 14 proceeding to submit a proposed joint physical care parenting 15 plan. The bill requires the parents to submit a proposed joint 16 physical care parenting plan. 17 If a court denies a request for joint physical care of a 18 child, the bill requires the court to list the requirements 19 the parent who was not awarded physical care of a child must 20 meet to be awarded joint physical care of the child in the 21 future. A parents fulfillment of the listed requirements 22 shall be considered a material and substantial change in 23 circumstances for the purposes of modifying an order awarding 24 child custody. The bill prohibits the parent awarded physical 25 care of the child from intentionally impeding the other parent 26 from fulfilling the listed requirements. 27 -2- LSB 2910YC (2) 91 dg/jh 2/ 2