The bill amends Section 598.41 of the Iowa Code to allow a court, upon finding by clear and convincing evidence that it is in the best interest of the child, to award separate rights and responsibilities of joint legal custody to each parent. This provision ensures that both parents retain the right to legal access to information concerning the child. Additionally, the bill introduces a new section, 598.41E, which defines the "established custodial environment" of a child as one that fosters a stable, permanent, and significant relationship with a parent or caregiver, encompassing the necessary physical, emotional, and psychological conditions for the child's well-being.

Furthermore, the bill outlines a process for resolving custody disputes, allowing a parent to initiate proceedings by filing an application with the court. The court is required to conduct an evidentiary hearing to assess whether the proposed resolution would modify the established custodial environment, making the determination from the child's perspective. If a modification is proposed, the burden of proof lies with the proposing parent to demonstrate that the change is in the child's best interest by clear and convincing evidence. If no modification is proposed, the standard is a preponderance of the evidence. The court must also consider all relevant factors when resolving disputes, providing explanations for any factors deemed inapplicable.

Statutes affected:
Introduced: 598.41