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| 1 | 1 | Senate File 523 - Introduced SENATE FILE 523 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1124) A BILL FOR An Act relating to the establishment or modification of legal 1 custody of a child. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1688SV (2) 91 dg/ko | |
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| 3 | 3 | S.F. 523 Section 1. Section 598.41, subsection 2, Code 2025, is 1 amended by adding the following new paragraphs: 2 NEW PARAGRAPH . f. If the court finds by clear and 3 convincing evidence that it is in the best interest of the 4 child, the court may award separate rights and responsibilities 5 of joint legal custody to each parent under paragraph a . 6 NEW PARAGRAPH . g. The district court shall resolve joint 7 legal custody disputes between parents during or after the 8 pendency of the parents dissolution of marriage action. To 9 initiate the resolution of a dispute, a parent shall file an 10 application with the court and serve process on the other 11 parent. Upon receipt of the application, the court shall set 12 a hearing and expeditiously resolve the dispute in the best 13 interest of the child. A resolution of a dispute may award 14 each parent separate rights and responsibilities of joint legal 15 custody under paragraph f . 16 NEW PARAGRAPH . h. During or after the pendency of a 17 dissolution of marriage action for the parents of a child, the 18 parents may stipulate to a parenting plan that includes the 19 allocation of parenting functions, parenting time, or both. 20 The court shall approve the parenting plan unless it finds the 21 agreement is not in the best interest of the child. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanations substance by the members of the general assembly. 25 This bill relates to the establishment or modification of 26 legal custody of a child. 27 The bill allows a court to award separate rights and 28 responsibilities of joint legal custody to each parent in a 29 dissolution of marriage proceeding. 30 The bill allows a court to resolve joint legal custody 31 disputes between parents during or after the pendency of 32 the parents dissolution of marriage action. To initiate a 33 dispute resolution, a parent must file an application with the 34 court and serve process on the other parent. Upon receipt 35 -1- LSB 1688SV (2) 91 dg/ko 1/ 2 | |
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| 5 | 5 | S.F. 523 of the application, the court must set a hearing and resolve 1 the dispute in the best interest of the child. A resolution 2 of a dispute may award each parent separate rights and 3 responsibilities of joint legal custody. 4 The bill allows the parents of a child to stipulate to 5 a parenting plan that includes the allocation of parenting 6 functions, parenting time, or both. A court must approve the 7 parenting plan unless it finds the agreement is not in the best 8 interest of the child. 9 -2- LSB 1688SV (2) 91 dg/ko 2/ 2 |