Bill > SF514

This bill modifies existing Iowa law regarding temporary child custody orders during dissolution (divorce) proceedings by establishing a new presumption in favor of joint physical care for children. Specifically, the bill requires courts to order temporary joint physical care of a child to both parents during the course of a custody proceeding, unless there is a rebuttable presumption against awarding physical care to one party. If a court determines that joint physical care is not appropriate, it must explicitly explain its reasoning by citing specific factors outlined in section 598.41, subsection 3, and must prove this determination by a "preponderance of the evidence" standard (meaning more likely than not). The bill aims to ensure that both parents have an opportunity to maintain meaningful contact with their child during divorce proceedings, while still allowing judicial discretion to protect the child's best interests if necessary. This change represents a shift toward presuming shared parental responsibilities during the interim period of a custody dispute.

Justice

Judiciary (Senate)

https://www.legis.iowa.gov/legislation/BillBook?ga=91&ba=SF514