More on Iowa's JC law....it just keeps getting better!

[Kitty C.]

Dear Members,
 
More valuable information from Dick Woods about how HF22 will change everything.  You may want to keep this!
 
One misunderstanding about Joint Physical Care in Iowa is as long as " The Best Interest of the Child" is up to a judge, he/she can do whatever they want.

This might be a common misunderstanding among people who generalize from experience of dads who go to court in other states.  The fact is that, in Iowa, "best interest of the child" is NOT "up to a judge"!  It's defined by 598.1 (1) of the Code of Iowa:

1. "Best interest of the child" includes, but is not limited to, 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. Refusal by
one parent to provide this opportunity without just cause shall be
considered harmful to the best interest of the child.

Part of the reason that our referral attorneys are so happy about House File 22 is that judges must state findings of fact and conclusions of law that joint physical care is not in the best interest of the child.  Given that Iowa law defines "best interest of the child as "the opportunity for maximum continuous physical and emotional contact possible with both parents", the judge is required to prove the negative that NOT awarding joint physical care will, somehow, better maximize the child's contact with both parents.  How do you do that?  All but one of the usual legal arguments are irrelevant.  The one which remains is a demonstrated history of domestic abuse, because of the "direct physical harm or significant emotional harm" clause in the definition.


Warmest regards,
Dick

~~~~~~~~~~~~~

These guys keep finding more and more teeth in this!  It's as damn close to saying 'rebuttable presumption of joint custody' as you can get without actually saying the words!

[Hawkeye]

Got this today from the Gov's office...

May 25, 2004

Dear *****:

    After much reflection and research as to what is best for Iowa children, I decided to sign House File 22, which establishes in Iowa law (Iowa Code Section 598.41, subsection 5) the presumption that children benefit when both parents remain positively involved in their lives after a divorce.

    This bill takes into consideration studies that have found that children tend to do better in school, feel better about themselves and remain more emotionally and physically healthy when both divorcing parents take a loving, nurturing role in their children's lives. Whether in divorced or intact families, children need a mother and a father. Each makes a substantial, though often differing but complementary contribution to the child's life.

    While the bill creates the presumption that joint physical care by both parents is to the benefit of the children, the bill does allow judges to deny requests for joint physical care if there are specific findings that joint physical care would not be in the best interests of a child. This would protect a child from a parent or home situation found to be physically or emotionally abusive or otherwise negligent or generally not in the best interest of a child.

    The bill also does not preclude divorcing parents from working out their own mutually agreeable, court approved parenting and living arrangements for their children. Every child in Iowa, whether in an intact or divorced family, is entitled whenever possible, to the love, the nurturing and the creative inspiration offered by two parents who share their responsibilities toward their children. House File 22 deserves a chance to succeed.

    Sincerely,
   
Thomas J. Vilsack, Governor                                                                      Sally J. Pederson, Lieutenant Governor