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 if both parents are granted separate rights and responsibilities, they will still retain 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 district court. The court is required to hold a hearing to determine if the proposed resolution will modify the established custodial environment. The burden of proof varies depending on whether the proposed resolution modifies this environment; if it does, the proposing parent must establish by clear and convincing evidence that the resolution is in the child's best interest, while a lesser standard of preponderance of the evidence applies if it does not. The court must also consider all relevant factors from existing custody laws and provide reasons if any factor is deemed inapplicable.

Statutes affected:
Introduced: 598.41