Senate File 294 - Introduced SENATE FILE 294 BY EVANS A BILL FOR An Act relating to temporary orders of child custody in 1 dissolution proceedings. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1845XS (2) 91 cm/jh
S.F. 294 Section 1. Section 598.10, subsection 1, paragraph b, Code 1 2025, is amended to read as follows: 2 b. In order to encourage compliance with a visitation order, 3 a temporary order for custody shall provide for a minimum 4 visitation schedule with the noncustodial parent, unless the 5 court determines that such visitation is not in the best 6 interest of the child. In considering the temporary order, the 7 court shall order on a temporary basis during the pendency of 8 the original custody proceeding temporary joint physical care 9 of the child to both parties unless a rebuttable presumption 10 exists against awarding physical care to one of the parties. 11 If the court finds, by a preponderance of the evidence, that 12 joint physical care is inappropriate, the court shall cite the 13 reasons that joint physical care would be inappropriate using 14 the factors listed in section 598.41, subsection 3. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanations substance by the members of the general assembly. 18 This bill relates to temporary orders of child custody 19 during dissolution proceedings. The bill provides that unless 20 a rebuttable presumption exists against awarding physical 21 care to one of the parties, the court shall award temporary 22 joint physical care of the child to both parties during the 23 pendency of the custody proceeding. If the court finds, by 24 a preponderance of the evidence, that joint physical care is 25 inappropriate, the court is required to cite the reasons for 26 its decision. 27 -1- LSB 1845XS (2) 91 cm/jh 1/ 1