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Senate approves bill making joint physical care the default in temporary custody orders unless rebutted
Summary
Senate File 514 passed the Senate. The bill directs courts to award joint physical care during the pendency of custody proceedings unless a rebuttable presumption against joint physical care applies; senators debated drafting clarity and standards for judicial authority during temporary orders.
Senate File 514, directing courts to award joint physical care as the default for temporary custody orders unless a rebuttable presumption against joint physical care exists, passed the Senate after floor debate that centered on drafting clarity and judicial authority.
Senator Evans of Cherokee, sponsor of the bill, described the legislation as directing a court to award joint physical care of a child during the pendency of a custody proceeding unless a rebuttable presumption exists against awarding physical care to one of the parties. He said the statutory standard mirrors the existing standard in Iowa Code section 598.41 for determining custody.
Senator Blake of Polk spoke in opposition on both policy and drafting grounds. He warned the bill could unduly constrain judicial discretion in temporary orders and identified potential drafting ambiguity concerning the interaction of the bill's two sentences: one imposing the presumption of joint care and a second describing the factors and evidentiary standard if a court finds joint care inappropriate. Blake asked where the enabling language allows a judge to exercise discretion if a preponderance of the evidence shows joint care is inappropriate; he requested clarification of where the bill grants authority if the court finds it inappropriate by the listed factors.
Sponsor Senator Evans said he found no problem with the bill's language and pointed to research supporting continued parental involvement after divorce. After limited further debate the bill was read for the last time and placed on its passage. The roll call recorded 35 ayes and 13 nays; the bill was declared passed and the title agreed to.
The transcript captures the drafting concerns raised on the floor but does not include any subsequent technical amendments or the final enrolled language clarifying judicial authority in temporary orders; those drafting questions should be resolved in the enrolled bill or with committee/staff drafting notes.
