Senate Study Bill 1124 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SCHULTZ) 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 1688XC (5) 91 dg/ko
S.F. _____ Section 1. Section 598.41, subsection 2, Code 2025, is 1 amended by adding the following new paragraph: 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 6 a . If the court awards each parent separate rights and 7 responsibilities of joint custody, both parents shall retain 8 the right to legal access to information concerning the child 9 under paragraph e . 10 Sec. 2. NEW SECTION . 598.41E Custody dispute resolution. 11 1. For purposes of this section, established custodial 12 environment of the child means an environment in which a child 13 has a stable, permanent, and significant relationship with a 14 parent or a caregiver. The environment includes the physical, 15 emotional, and psychological conditions that support the 16 childs well-being and development. 17 2. The district court shall resolve custody right disputes 18 a parent has related to the parents child. To initiate 19 resolution of a dispute, the parent shall file an application 20 with the court and serve process on the other parent. The 21 court shall set a hearing on the matter upon receipt of the 22 application. 23 3. The court shall conduct an evidentiary hearing to 24 determine if the resolution to the disputed custody rights 25 proposed by either parent will modify the established 26 custodial environment of the child. The court shall make the 27 determination from the childs standpoint rather than that 28 of either parent. If the resolution proposed by a parent 29 will modify the established custodial environment of the 30 child, the parent who proposed the resolution shall have the 31 burden to establish by clear and convincing evidence that the 32 proposed resolution is in the best interest of the child. 33 If the proposed resolution will not modify the established 34 custodial environment of the child, the parent who proposed the 35 -1- LSB 1688XC (5) 91 dg/ko 1/ 3
S.F. _____ resolution shall establish by a preponderance of the evidence 1 that the proposed resolution is in the best interest of the 2 child. 3 4. The court shall consider all factors in section 598.41, 4 subsection 3, when resolving a dispute under this section. If 5 the court determines that a factor does not apply, the court 6 shall only be required to articulate the reasons that the 7 specific factor does not apply. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanations substance by the members of the general assembly. 11 This bill relates to the establishment or modification of 12 legal custody of a child. 13 If the district court finds by clear and convincing evidence 14 that it is in the best interest of the child, the bill allows 15 the court presiding over a dissolution of marriage case to 16 award separate rights and responsibilities of joint legal 17 custody to each parent. If each parent is awarded separate 18 rights and responsibilities of joint legal custody, both 19 parents retain the right to legal access to information 20 concerning the child. 21 The bill defines established custodial environment of 22 the child as an environment in which a child has a stable, 23 permanent, and significant relationship with a parent or a 24 caregiver. The environment includes the physical, emotional, 25 and psychological conditions that support the childs 26 well-being and development. 27 The bill authorizes a district court to resolve disputes 28 related to custody rights. A parent may initiate a dispute 29 resolution by filing an application with the court and serving 30 process on the other parent. The court must set a hearing on 31 the matter upon receipt of the application. 32 The bill requires a court to determine whether a resolution 33 proposed by either parent will modify the established 34 custodial environment of the child. The court must make the 35 -2- LSB 1688XC (5) 91 dg/ko 2/ 3
S.F. _____ determination from the childs standpoint rather than that 1 of the parents. If a proposed resolution will modify the 2 established custodial environment of the child, the parent who 3 proposed the resolution has the burden to establish by clear 4 and convincing evidence that the resolution is in the best 5 interest of the child. If a resolution will not modify the 6 established custodial environment of the child, the parent 7 who proposed the resolution must establish by a preponderance 8 of the evidence that the proposed resolution is in the best 9 interest of the child. 10 The bill requires a court, during a custodial rights dispute 11 resolution, to consider all factors the court is required to 12 consider when considering custody during a dissolution of 13 marriage proceeding. If the court determines a factor does 14 not apply, the court only need articulate the reasons that the 15 factor does not apply. 16 -3- LSB 1688XC (5) 91 dg/ko 3/ 3