Joint physical care is not preferred in Iowa, but can be granted if both parents request. To deny both parents’ request for joint physical care, the court must make specific findings and conclude that it is not in the best interests of the child. Under Joint physical care, both parents have rights and responsibilities including shared parenting time, both parents maintain homes for the child and provide routine care with neither parent having superior rights. However, joint physical care is often disruptive, and logistically and emotionally difficult and is often not in the best interests of the child, so the parents would have to show that it is in the best interests of the child. The appropriateness of joint physical care is determined by the following factors:
1. Stability and continuity of care- the primary factors
a. Approximation rule provides that caregiving of parents is in rough proportion to that predating the dissolution.
2. Degree of communication and mutual respect of parents
3. Degree of discord and conflict between parents
4. Degree parents are in general agreement about routine daily matters.
The total setting must be considered. There is not a statutory presumption in favor of joint physical care. The court often requires a joint physical care plan to be submitted to the court before ruling on joint physical custody. Child support in joint physical care may be paid by calculating the support requirements of both parents as if they had sole physical custody and subtracting the support requirements. The parent with the larger support requirement pays the other parent the difference in support requirements.
Some courts require the filing of a joint physical care parenting plan. Even if the court does not require such a plan, it is important that parents develop a plan to enable effective parenting. If the parents cannot agree, even after being awarded joint physical care, then often one parent will return to court to modify the decree to obtain sole physical care.
JOINT PHYSICAL CARE PARENTING PLAN
Parents who are considering joint physical care should meet, discuss and agree on a parenting plan. Questions to be addressed include:
1. How will the parents make decisions in the child’s best interest?
a. What information do both parents need before decisions are made?
b. In what manner will information be shared? (Writing, phone, email, conferences, etc.)
c. How will disagreements be resolved?
d. Who has the final decision in case of a disagreement?
e. What types of decisions may be made by one parent without consultation with the other?
f. What types of decisions require advance consultation and which decisions require notification after the fact?
g. When is communication through a third party appropriate?
h. Who is the third party?
2. What homes will the parents provide for the child?
a. What is the distance between the parent’s homes?
b. Are they in the same school district?
c. Does either have short-term or, long term plans to move?
d. Does each home have adequate sleeping and private space for the child?
3. What will be the child’s daily schedule? How will the time be divided between the parents?
a. Daily care.
b. Weekends.
c. School year schedule.
d. Sick days- unable to attend school.
e. Attendance at the child’s activities during the other parent’s scheduled time.
4. What will be the holiday and vacation schedules and arrangements?
a. School break schedules.
b. Holidays.
c. Birthdays of children and parents.
d. Vacations.
e. Summer schedules.
f. Child care arrangements.
g. Time with extended family members.
h. Telephone contact.
i. Schedule changes- temporary changes, permanent changes.
j. Scheduling conflicts.
k. Which parenting times have priority over the other times?
5. How will the parents handle transportation arrangements?
a. How will the child get back and forth between the parents?
b. Who will get the child back and forth from school and activities?
6. What arrangements will the parents make regarding normal and extra ordinary expenses?
a. Will child support be calculated by the Guidelines and paid by one parent to the other or will a deviation from the Guidelines be requested?
b. If a decision involves an expense, how will the decision be handled, and how will the expense be allocated?
c. How will the parents decide on payment of unexpected expenses?
d. If the parents reimburse each other for expenses, how will the calculation and payment be done?
e. How will payment be made for the following:
i. School Expenses
1. Fees.
2. Lunches.
3. School Activities.
ii. Medical Expenses.
1. Medical Insurance.
2. Uncovered medical expenses.
iii. Extracurricular Activities.
1. Lessons.
2. Enrollment fees.
3. Uniform and/or costumes.
4. Equipment.
5. Photographs.
6. Travel expenses for competitions or events.
iv. Child Care.
1. After-school care and non-school day expenses for school year.
2. Childcare expenses for summer.
3. Extracurricular activities and field trips through childcare.
v. Clothing.
1. Toiletries.
2. Clothing.
3. Shoes.
4. Other personal incidentals.
vi. Other expenses.
1. Grooming.
2. Religious activities.
3. Camps.
4. Car registration and insurance.
5. Anything else either parent anticipates.
7. What decisions will the parents make regarding education?
a. What school district will the child be assigned to?
b. What school or preschool will the child attend?
8. How will the parents handle medical decisions and health care?
a. How will health care decisions be made?
b. Who will schedule routine care?
c. Who decides on non-emergency treatment?
9. How will the parents handle religious training, if any?
a. In what religion, if any, will the child be raised?
b. How will decisions be made for religious training?
10. How will the parents discipline the child?
a. How will the parents establish consistent rules between the households?
b. How will each parent support the rules and discipline issues?
c. How will the parents handle school disciplinary issues?
11. What if major changes arise?
a. What kind of change would require a change in the plan?
b. If one parent moves away, where will the child be?
c. What parent will the child live with?
d. What school will the child attend?
e. What distance would require renegotiation of the parenting plan?
f. How will the plan be renegotiated?
12. How often and in what manner will the plan be reviewed as the child matures and his needs change?
13. How will the parents handle
a. Disagreements.
b. Violations.
c. Modifications.
d. Will they consult a mediator or other third party before returning to court? If so, who will pay?
14. Any other elements either parent thinks are important?
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