§ 598.41

598.41 Custody of children. 1. a. The court may provide for joint custody of the child by the parties. The court, insofar as is reasonable and in the best interest of the child, shall order the custody award, includingliberal visitation rights where appropriate, which will assure the child the opportunity for themaximum continuing physical and emotional contact with both parents after the parents haveseparated or dissolved the marriage, and which will encourage parents to share the rights andresponsibilities of raising the child unless direct physical harm or significant emotional harmto the child, other children, or a parent is likely to result from such contact with one parent. b. Notwithstanding paragraph 'a', if the court finds that a history of domestic abuse exists, a rebuttable presumption against the awarding of joint custody exists. c. The court shall consider the denial by one parent of the child’s opportunity for maximum continuing contact with the other parent, without just cause, a significant factorin determining the proper custody arrangement. Just cause may include a determination bythe court pursuant to subsection 3, paragraph 'j', that a history of domestic abuse

cause, a significant factorin determining the proper custody arrangement. Just cause may include a determination bythe court pursuant to subsection 3, paragraph 'j', that a history of domestic abuse existsbetween the parents. d. If a history of domestic abuse exists as determined by a court pursuant to subsection 3, paragraph 'j', and if a parent who is a victim of such domestic abuse relocates or is absentfrom the home based upon the fear of or actual acts or threats of domestic abuse perpetratedby the other parent, the court shall not consider the relocation or absence of that parent as afactor against that parent in the awarding of custody or visitation. e. Unless otherwise ordered by the court in the custody decree, both parents shall have legal access to information concerning the child, including but not limited to medical,educational and law enforcement records. 2. a. On the application of either parent, the court shall consider granting joint custody in cases where the parents do not agree to joint custody. b. If the court does not grant joint custody under this subsection, the court shall cite clear and convincing evidence, pursuant to the factors in subsection 3, that

ts do not agree to joint custody. b. If the court does not grant joint custody under this subsection, the court shall cite clear and convincing evidence, pursuant to the factors in subsection 3, that joint custody isunreasonable and not in the best interest of the child to the extent that the legal custodialrelationship between the child and a parent should be severed. c. A finding by the court that a history of domestic abuse exists, as specified in subsection 3, paragraph 'j', which is not rebutted, shall outweigh consideration of any other factorspecified in subsection 3 in the determination of the awarding of custody under thissubsection. d. Before ruling upon the joint custody petition in these cases, unless the court determines that a history of domestic abuse exists as specified in subsection 3, paragraph 'j', or unlessthe court determines that direct physical harm or significant emotional harm to the child,other children, or a parent is likely to result, the court may require the parties to participate incustody mediation to determine whether joint custody is in the best interest of the child.

he child,other children, or a parent is likely to result, the court may require the parties to participate incustody mediation to determine whether joint custody is in the best interest of the child. Thecourt may require the child’s participation in the mediation insofar as the court determinesthe child’s participation is advisable. e. The costs of custody mediation shall be paid in full or in part by the parties and taxed as court costs. 3. In considering what custody arrangement under subsection 2 is in the best interest of the minor child, the court shall consider the following factors: a. Whether each parent would be a suitable custodian for the child.b. Whether the psychological and emotional needs and development of the child will suffer due to lack of active contact with and attention from both parents. c. Whether the parents can communicate with each other regarding the child’s needs.d. Whether both parents have actively cared for the child before and since the separation.e. Whether each parent can support the other parent’s relationship with the child.f. Whether the custody arrangement is in accord with the child’s wishes or whether the child has strong opposition, taking

ether each parent can support the other parent’s relationship with the child.f. Whether the custody arrangement is in accord with the child’s wishes or whether the child has strong opposition, taking into consideration the child’s age and maturity. g. Whether one or both of the parents agree or are opposed to joint custody.h. The geographic proximity of the parents. Sat Dec 23 11:10:19 2023 Iowa Code 2024, Section 598.41 (20, 0) §598.41, DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS 2 i. Whether the safety of the child, other children, or the other parent will be jeopardized by the awarding of joint custody or by unsupervised or unrestricted visitation. j. Whether a history of domestic abuse, as defined in section 236.2, exists. In determining whether a history of domestic abuse exists, the court’s consideration shall include but is notlimited to commencement of an action pursuant to section 236.3, the issuance of a protectiveorder against the parent or the issuance of a court order or consent agreement pursuant tosection 236.5, the issuance of an emergency order pursuant to section 236.6, the holding ofa parent in contempt pursuant to section 664A.7, the response of a peace

der or consent agreement pursuant tosection 236.5, the issuance of an emergency order pursuant to section 236.6, the holding ofa parent in contempt pursuant to section 664A.7, the response of a peace officer to the sceneof alleged domestic abuse or the arrest of a parent following response to a report of allegeddomestic abuse, or a conviction for domestic abuse assault pursuant to section 708.2A. k. Whether a parent has allowed a person custody or control of, or unsupervised access to a child after knowing the person is required to register or is on the sex offender registryas a sex offender under chapter 692A. 4. Subsection 3 shall not apply when parents agree to joint custody.5. 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. Prior to ruling on therequest for the award of joint physical care, the court may require the parents to submit,either individually or jointly, a proposed joint physical care parenting plan. A proposed jointphysical care parenting plan shall address how the parents will make decisions affecting thechild, how the parents will provide a home for

proposed joint physical care parenting plan. A proposed jointphysical care parenting plan shall address how the parents will make decisions affecting thechild, how the parents will provide a home for the child, how the child’s time will be dividedbetween the parents and how each parent will facilitate the child’s time with the other parent,arrangements in addition to court-ordered child support for the child’s expenses, how theparents will resolve major changes or disagreements affecting the child including changesthat arise due to the child’s age and developmental needs, and any other issues the courtmay require. If the court denies the request for joint physical care, the determination shallbe accompanied by specific findings of fact and conclusions of law that the awarding of jointphysical 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 shallsupport the other parent’s relationship with the child. Physical care awarded to one parentdoes not affect the other parent’s rights and responsibilities as a joint

e for providing physical care shallsupport the other parent’s relationship with the child. Physical care awarded to one parentdoes not affect the other parent’s rights and responsibilities as a joint legal custodian of thechild. Rights and responsibilities as joint legal custodian of the child include but are notlimited to equal participation in decisions affecting the child’s legal status, medical care,education, extracurricular activities, and religious instruction. 6. If the parties have more than one minor child, and the court awards each party the physical custody of one or more of the children, upon application by either party, and if it isreasonable and in the best interest of the children, the court shall include a provision in thecustody order directing the parties to allow visitation between the children in each party’scustody. 7. When a parent awarded legal custody or physical care of a child cannot act as custodian or caretaker because the parent has died or has been judicially adjudged incompetent, thecourt shall award legal custody including physical care of the child to the surviving parentunless the court finds that such an award is not in the child’s best

en judicially adjudged incompetent, thecourt shall award legal custody including physical care of the child to the surviving parentunless the court finds that such an award is not in the child’s best interest. 8. If an application for modification of a decree or a petition for modification of an order is filed, based upon differences between the parents regarding the custody arrangementestablished under the decree or order, unless the court determines that a history of domesticabuse exists as specified in subsection 3, paragraph 'j', or unless the court determines thatdirect physical harm or significant emotional harm to the child, other children, or a parentis likely to result, the court may require the parents to participate in mediation to attempt toresolve the differences between the parents. 9. All orders relating to custody of a child are subject to chapter 598B.[82 Acts, ch 1250, §2]84 Acts, ch 1088, §2, 3, 4, 5; 85 Acts, ch 67, §57, 58; 86 Acts, ch 1179, §5, 6; 95 Acts, ch 182, §22 – 24; 95 Acts, ch 183, §2; 97 Acts, ch 175, §199, 200; 99 Acts, ch 115, §1; 2004 Acts, Sat Dec 23 11:10:19 2023 Iowa Code 2024, Section 598.41 (20, 0) ch 1169, §1; 2005 Acts, ch 69, §51 – 53;

82, §22 – 24; 95 Acts, ch 183, §2; 97 Acts, ch 175, §199, 200; 99 Acts, ch 115, §1; 2004 Acts, Sat Dec 23 11:10:19 2023 Iowa Code 2024, Section 598.41 (20, 0) ch 1169, §1; 2005 Acts, ch 69, §51 – 53; 2006 Acts, ch 1101, §4; 2012 Acts, ch 1138, §37; 2019Acts, ch 24, §83 Referred to in §598.7, 598.21C, 598.41A, 598.41B, 600B.40, 600B.41A, 633.560A Sat Dec 23 11:10:19 2023 Iowa Code 2024, Section 598.41 (20, 0)