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Bill > SF523


IA SF523

A bill for an act relating to the establishment or modification of legal custody of a child.(Formerly SSB 1124.)


summary

Introduced
03/05/2025
In Committee
03/18/2025
Crossed Over
03/18/2025
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

This bill relates to the establishment or modification of legal custody of a child. The bill allows a court to award separate rights and responsibilities of joint legal custody to each parent in a dissolution of marriage proceeding. The bill allows a court to resolve joint legal custody disputes between parents during or after the pendency of the parents’ dissolution of marriage action. To initiate a dispute resolution, a parent must file an application with the court and serve process on the other parent. Upon receipt of the application, the court must set a hearing and resolve the dispute in the best interest of the child. A resolution of a dispute may award each parent separate rights and responsibilities of joint legal custody. The bill allows the parents of a child to stipulate to a parenting plan that includes the allocation of parenting functions, parenting time, or both. A court must approve the parenting plan unless it finds the agreement is not in the best interest of the child.

AI Summary

This bill modifies Iowa law regarding child custody during divorce proceedings by providing courts with more flexibility in managing joint legal custody. Specifically, the bill allows courts to award separate rights and responsibilities within joint legal custody if they find clear and convincing evidence that doing so is in the child's best interest. The legislation establishes a formal process for resolving custody disputes, requiring a parent to file an application with the court, which must then set a hearing and quickly resolve the disagreement while prioritizing the child's welfare. Additionally, the bill permits parents to create and submit a parenting plan that outlines how they will divide parenting functions and parenting time, with the court required to approve the plan unless it determines the agreement would not benefit the child. This law aims to provide more structured and flexible approaches to managing child custody arrangements during and after divorce proceedings, with a consistent emphasis on the child's best interests as the primary consideration.

Committee Categories

Justice

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Judiciary (S)

Last Action

Read first time, referred to Judiciary. H.J. 717. (on 03/18/2025)

bill text


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