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IA SF294

IA SF294
A bill for an act relating to temporary orders of child custody in dissolution proceedings.(See SF 514.)


summary

Introduced
02/12/2025
In Committee
02/12/2025
Crossed Over
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

This bill relates to temporary orders of child custody during dissolution proceedings. The bill provides that unless a rebuttable presumption exists against awarding physical care to one of the parties, the court shall award temporary joint physical care of the child to both parties during the pendency of the custody proceeding. If the court finds, by a preponderance of the evidence, that joint physical care is inappropriate, the court is required to cite the reasons for its decision.

AI Summary

This bill modifies existing Iowa law regarding temporary child custody orders during dissolution (divorce) proceedings. Specifically, the bill requires courts to default to awarding temporary joint physical care of the child to both parents during the custody proceeding, unless a legal presumption exists that would prevent one parent from having physical custody. If the court determines that joint physical care is not appropriate, the judge must explicitly explain why, using specific factors outlined in another section of the law (section 598.41, subsection 3). The goal appears to be ensuring that both parents have an equal opportunity to care for their children during the divorce process, unless there is a compelling reason not to do so. The bill represents a shift towards a presumption of shared parenting time during the initial stages of a custody dispute, requiring judges to provide clear reasoning if they choose not to implement joint physical care.

Committee Categories

Justice

Sponsors (1)

Last Action

Committee report approving bill, renumbered as SF 514. S.J. 425. (on 03/05/2025)

bill text


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