Thursday, May 20, 2004

New Iowa Custody Law

Iowa Gov. Tom Vilsack signed a new custody law on Wed, May 19th. I have copied this off an email list which I subscribe to:

Here is the essence of the change to Iowa custody law signed yesterday by the Governor. The previously existing 2003 Iowa Code, Custody of Children, Section 598.41, subsection 5, reads:

Joint physical care may be in the best interest of the child, but joint legal custody does not require joint physical care. When the court determines such action would be in the best interest of the child and would preserve the relationship between each parent and the child, joint physical care may be awarded to both joint custodial parents or physical care may be awarded to one joint custodial parent.

That subsection is replaced as follows, effective July 1, 2004:


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. 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 interests of the child.

Further information available from the Des Moines Register.

This is the type of legislation we need to see in all states.

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