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April 13, 2005

Still No Word on What Amended Iowa Code 598.41(5)(a) Means

We're getting closer, but still no cigar as none of today's decisions from the Iowa Court of Appeals gives us any better indication as to what the July 1, 2004 amendments to Iowa Code 598.41(5)(a) mean to Iowa appellate courts. The Little decision of today contains an intriguing footnote that seems to imply the Court has some question "whether amended section 598.41(5)(a) applies to modification proceedings."

Time will no doubt answer this question, as well as whether the district court was correct in finding that the amendments create a "preference" for joint physical care, and, if so, just exactly what practical impact the amendments will have at the trial court level - if any.

Posted on April 13, 2005 in Legislation | Permalink



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