Iowa's Changes for Equal / Shared Parenting

Dear Members,
We have great news. There is a joint physical care bill that has taken us completely by surprise. SF507 just passed out of the Senate Judiciary committee and is now on its way to the Senate Floor. Below is a copy of the bill that is exactly what we have been working for. Since HF22 was passed into law (2004) we have been watching the court rulings. What we have found is that most judges approved of the law but a small few ignored it. One of them was Judge Pelton and as you know we took action against him. The second thing we found is that most judges do not find existing cases to qualify for joint physical care. They claim that the bill is not considered a change of circumstance; well the legislators appear to disagree with the courts. SF507 will give every parent the right to request JPC, in addition make it very difficult for the courts to deny it. This is a very important bill and it needs your help for it to have a chance to become law this year......

Senate File 507

"Section 1. Section 598.41, subsection 5, paragraph a, Code 2007, is amended to read as follows:

a.   If joint legal custody is awarded to both parents, the court may award joint physical care to both joint custodial parents upon the request of either parent during the proceedings on the initial dissolution petition or during the proceedings on a modification of the original custody border. A rebuttable presumption exists that a request for joint physical care by either parent is in the best interest of the child, the burden of proof to rebut the presumption rests on the party denying that joint physical care is in the best interest of the child, and such party shall demonstrate that joint physical care is not in the best interest of the child by clear and convincing evidence. If the court finds by clear and convincing evidence that joint physical care is not in the best interest of the child and denies the request for joint physical care, the determination shall be accompanied by specific findings of fact and conclusions of law that the awarding of joint physical care is not in the best interest of the child. In determining the best interest of the child relative to the denial of a request for joint physical care, the court shall consider that the best interest of the child includes the opportunity for maximum continuous physical and emotional contact possible with both parents, unless direct physical or significant emotional harm to the child may result from this contact.

Existing Legislation: Iowa Code 2003: Section 598.41;  "1. a. The court, insofar as is reasonable and in the best interest of the child, shall order the custody award, including liberal visitation rights where appropriate, which will assure the child the opportunity for the maximum continuing physical and emotional contact with both parents after the parents have separated or dissolved the marriage, and which will encourage parents to share the rights and responsibilities of raising the child unless direct physical harm or significant emotional harm to the child, other children, or a parent is likely to result from such contact with one parent.  ... "

Iowa's Bill HF22, Presumption of Joint Physical Custody

2004-xx-xx  Iowa's HF 22 ... the awarding of joint physical care of a child.

"If joint legal custody is awarded to both parents, the court may award joint physical care....   If the court denies the request for joint physical care, the determination shall be accompanied by specific findings of fact and conclusions of law that the awarding of joint physical care is not in the best interest of the child.    b.  If joint physical care is not awarded under paragraph "a", and only one joint custodial parent is awarded physical care, the parent responsible for providing physical care shall support the other parent's relationship with the child. Physical care awarded to one parent does not affect the other parent's rights and responsibilities as a joint legal custodian of the child.  Rights and responsibilities as joint legal custodian of the child include, but are not limited to, equal participation in decisions affecting the child's legal status, medical care, education, extracurricular activities, and religious instruction."