Iowa Senate Bill SF294

Iowa 2025-2026 Regular Session

• Introduced: 2/12/25
• Refer: 2/12/25

Caption

A bill for an act relating to temporary orders of child custody in dissolution proceedings.(See SF 514.)

Summary

SF 294 would change Iowa law governing temporary custody orders in dissolution proceedings. Under current law, courts issuing temporary custody orders are directed to include a minimum visitation schedule for the noncustodial parent unless visitation would not be in the child’s best interest. This bill would go further by requiring courts, during the pendency of the custody case, to order temporary joint physical care of the child to both parties unless there is a rebuttable presumption against awarding physical care to one parent. If a court determines by a preponderance of the evidence that joint physical care is not appropriate, the bill requires the court to state the reasons for that decision and tie them to the statutory factors used in custody determinations. The measure is focused on temporary orders only and does not itself change the final custody standard, but it would create a stronger default in favor of shared physical care while a case is pending.

Impact

The bill would amend Iowa Code section 598.10, subsection 1, paragraph b, by adding a presumption in favor of temporary joint physical care during divorce or dissolution proceedings. This would affect family court practice by limiting judicial discretion in temporary custody orders unless a statutory rebuttable presumption against one parent applies or the court finds joint physical care inappropriate based on the evidence. It would also require courts to make explicit findings when deviating from joint physical care, increasing the level of explanation in temporary custody rulings and potentially affecting parents, children, and family law practitioners involved in custody disputes.

Sentiment

The available legislative history shows limited recorded debate or voting detail, but the bill advanced in committee and was approved, then renumbered as SF 514. That suggests at least some support for the proposal in committee. Based on the bill’s structure, the measure appears designed to promote shared parenting and consistency in temporary custody decisions, which is likely to be viewed favorably by supporters of joint physical care and parental access. No contrary testimony or recorded opposition is provided in the materials, so the overall sentiment cannot be characterized as strongly contested from the available record.

Contention

The main point of contention is likely the bill’s shift from a best-interest-based discretionary approach to a stronger presumption of temporary joint physical care. Supporters would likely argue that it encourages both parents’ involvement and reduces one-sided temporary custody arrangements, while opponents may worry that a presumption of shared care could be inappropriate in cases involving conflict, instability, or safety concerns. Another potential issue is the requirement that courts explain why joint physical care is inappropriate, which could be seen as improving transparency by some and as constraining judicial discretion by others.