Additional info on new Iowa JC law...heads-up for those in Illinois....(long)

[Kitty C.]

For those of you who have doubts about the strength of this new law, the following should lay those fears to rest.  Also, this is a call out to those in Illinois, as the IL legislature is the next target.

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Dear Members,

I have a number of announcements. I warn you this is a long message!

New information about HF22. This bill will become law July 1st. After the bill becomes law you can ask the courts for Joint Physical Care. The Iowa courts require a change of circumstance, so what qualifies?

First off the bill itself may be considered as a change of circumstance, although it may benefit you to add a second circumstance, for example; I worked long hours when the divorce was final but since then I have changed jobs my schedule allows me more time with the children. Financially I am more stable than I was at the time of divorce, I can afford to care for my children when they are with me. I wasn't thinking strait at the time of divorce, it was an emotional time, I'm much more grounded today! You get the picture!
The reason the courts will have trouble getting around this bill is because the case against JPC is a hard one to win.
If you have a pre-existing case you can still request joint physical care. If your attorney advises against this, get a different attorney!
 

Recently, I sent out some media coverage about the signing of HF22. One of the articles was written by Tom Simon. Some of the members expressed concerns about the article because it seemed to downplay the effectiveness of the bill. In Mr. Simons defense, he did not know that the Governor was asking the courts and the Bar to get on board with HF22. That along is significant. Mr. Simons is on our side.

I would like you to read Dick Woods response to the article because he explains the history of Iowa law and Joint Physical Care. I think it will help you to understand the significance of HF22. It changes everything!

 

'Okay, you've read the spin on Iowa's House File 22, signed by Governor Vilsack on May 19, 2004. Mr. Simon may have the experience of his own case in Iowa's courts. I'm speaking from the experience of over 22 years as the head of Fathers for Equal Rights in Iowa, author of the original Iowa joint custody law (598.41 of the Code of Iowa) and the 1984 and 1997 amendments to said law, and helping over 6,600 Iowa fathers to preserve their relationship with their children.

'House File 22 was the next logical, incremental step in the march toward equal treatment for parents in Iowa courts. Need we demonstrate, yet again, that the 1982 law and 1984 amendments created the nation's first legislated standard of evidence to deny a request for "joint custody", defined to include joint legal custody AND joint physical care or joint legal custody and physical care to one parent only. Operationally, by 1997, it was obvious that the courts had a problem reading the inclusive language, even though the staffers of the Legislative Services Bureau offered affidavits stating that the courts were misreading the statute. The 1997 amendments changed the language to make undeniable the fact that joint physical care was NO LESS THAN an equal option to physical care in one parent only.

'After the 1997 amendments were signed into law, numerous judges tried to get around said legislated EQUALITY by refusing to rule on a request, by one parent, for joint physical care IF the other parent asserted that joint physical care was unacceptable. If they didn't have to deal with it at all, then they didn't need to defend the choice of physical care OVER the legislated equal option of joint physical care.

'We spent much of the past four years trying to gain a statutory statement that judges MUST rule on a request for joint physical care by either parent. Tactically, the sponsor took a shot at a legislated presumption for joint physical care in the 2003 legislative session, hoping that the other side would come to the bargaining table with a compromise. Iowa's original joint custody law was based on an evidentiary requirement, to the standard of "clear and convincing evidence". We don't have a history, in Iowa, of using the California "presumption". Even so, it was a commendable effort by the sponsor and chairman of the House Human Resources Committee, Representative Dan Boddicker. That bill made it out of committee but was never brought up for debate. No compromise was offered. Back to the drawing board. Mr. Simon alleges that the change from the presumption to the requirement to prove a negative, "findings of fact and conclusions of law that joint physical care is NOT in the best interest of the child" (emphasis added) is "making the presumptiveness of equal custody less apparent" . I care nothing for what is apparent and EVERYTHING for what is effective!

'In my meetings with our referral attorneys, this is consistent: it's very difficult to prove a negative, that "joint physical care is NOT in the best interest of the child". Mom did more with the kids than dad? Objection, your honor. That's irrelevant. Dad had a D.W.I back in 1996? Objection, your honor. That's irrelevant. Dad is more "fun" while Mom does the really necessary nurturing? Objection, your honor. That's irrelevant. A demonstrated HISTORY of domestic abuse. Okay, that would be a case against joint physical care being in the best interest of the child, BUT LITTLE ELSE! One of our referral attorneys told me that he's spent the past 48 hours (this is being written 48 hours after the bill was signed into law), filing leave to amend his fifty active cases requesting joint physical care and, if contact was made with mom's attorney, he is replying, "Go ahead. Make my day. Make a case that joint physical care is NOT in the best interest of these children."

'All of our referral attorneys are saying "This changes everything" and some of our referral attorneys are calling House File 22 "a miracle." The more intriguing question is, "How did we get Governor Vilsack to sign this bill, since the Bar Association and the battered women's shelters, traditional political allies of Governor Vilsack, were dead set against it?" MY answer is, "He who is with us is greater than he who is in the world."


Sincerely,
Dick Woods

 

Four years ago when I first started a chapter with FFER, we had a small meeting in Clinton Iowa to discuss our future goals. In that meeting there were only ten people in attendance.

One member suggested that we travel to the Capitol and ask Legislators to support a joint physical care bill. That year we were able to get HF678 all the way to the Governors desk, he vetoed that bill. After the Governor vetoed HF678 the membership dropped off dramatically but we never strayed from our goals and two years later the same Governor who vetoed our previous bill signed HF22. He even went as far as to state that this was the most important bill he signed all year and urged the Iowa Bar and the Iowa Judiciary to get on board with the signing, WOW! The Iowa legislators and the Governor heard your sincere messages loud and clear, that's why he signed the bill.

So where do we go from here? We still have much to do. Soon, we will put together contact information for the members of the Iowa Supreme Court. We need to urge them to prioritize JPC. In addition, write your local courts to do the same. Obviously I don't have the contact information but you can contact your courthouse and they will get it for you. I would gladly share your information with others. We need to watch your cases closely, If you request JPC and the courts deny your request without just cause, we need to know about it. I will ask members to contact the courts and complain, we can file complaints and write the Supreme courts about the judge. You get the idea.

We plan to hit major cities in Iowa and Illinois spreading the word about HF22 and how the divorce industry is hurting children. The signing of HF22 will play a big role in Illinois this next session. I personally plan to work with Illinois members and legislators. It is important that the Illinois Legislators know that the Illinois Bar shot down a good bill. I want to focus on Illinois since we have plenty of good people in Iowa who make my job easy.  Public awareness will bring in more support and funding. That's right, this stuff cost money.

Lastly, This is the last year for Representative Dan Boddicker. Dan has worked hard over the last twelve years fighting the Iowa Bar to change custody laws. I'm so glad for Dan that we were able to help him win the fight in his last year as a House Representative. To show our thanks to Dan, we would like to throw him a farewell party. We don't have a date set but it should be sometime mid July. The location may be at the Tipton Iowa City park. We want Dan to think this is a small party but we plan to invite all of the Iowa State Senators and Representatives including the Governor. You and your family members are welcome. It will be a cookout and we should have more details soon. At the party, we will present Dan with a scrap book, in that scrap book there will be letters from you. I urge you to  write Dan a special thanks, make sure you send it to me. Your children can color pictures for him as well. If you would like, include pictures of you and your family, be creative! Please try to get them to me within the next two weeks. I'll have the party plans by then.  

Please, find it in your heart to support the Iowa/Illinois information campaign, no contribution is too small. Please send your contributions to:

Children Need Both Parents
1844 230th Avenue
Delmar, Iowa 52037

 

Thanks again for your support.

Sincerely,

Mark Griebel

 

Send scrap book letters to:

Mark Griebel

PO Box 168

Albany, Illinois 61230

 
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'In my meetings with our referral attorneys, this is consistent: it's very difficult to prove a negative, that "joint physical care is NOT in the best interest of the child".   EXACTLY what all fathers have had to prove all these years!  But NOW the shoe is on the OTHER foot!
 

[Hawkeye]

YIPPPEEE - Kitty C!!!

Let's cross the mighty Mississippi

and take it to the streets (and inboxes) of Sprrrrrringfield!   :D

(For those of you from out of state, Springfield is the Capitol of Illinois)
I spent my year before kindergarten there.  1959, I think it was. lol!

[Kitty C.]

Watch it, Hawkeye!  Your age is showing, LOL!

[Hawkeye]

:P :+ :* :7  LOL!

[lissa68]

Melissa(lissa68)

Thanks Kitty, that is exactly what hubby needed to hear, as his court case for joint legal and physical is set July 13, 2004.  Perfect timing on the gov part, as now his chance is even better than before the bill was signed.


Way to go Iowa,  our children are finally winning


Lissa68