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August 25, 2005
Joint Physical Care is a "Viable Option"
The Court of Appeals recently issued its decision in the case of In re Marriage of Munger. Aside from footnote dicta in an earlier 2005 case, this appears to be the first appellate case applying the July 1, 2004, amendment concerning joint physical care: Joint physical care, although once disfavored in our case law, see In re Marriage of Roberts, 545 N.W.2d 342, 343 (Iowa Ct. App. 1996), has been sanctioned by our legislature as a viable option under our dissolution statute. Iowa Code § 598.41(5)
The decision gives little guidance as to the specific legal effect of the statutory amendments (i.e., is there a preference for joint physical care, a preference, a presumption, or nothing it all?). Nor does the decision explain what is required of the trial court if it finds joint physical care not to be in the children's best interests. However, the decision does give practical guidance about what level of communication, cooperation and planning the court might require in order to approve joint physical care requests: In this particular situation, a joint physical care arrangement most effectively serves the best interests of [the children]. Both [parents] possess the attributes of effective and capable parents, willing to engage each other in the concerns affecting the children. Moreover, such an arrangement provides the children with the maximum continuing contact with each parent and allows them to maintain certain continuities in their life. Our legislature has deemed that joint physical care may be, in certain circumstances, a viable option. We find this to be one of those cases.
Posted on August 25, 2005 in Custody | Permalink
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Main
| Transfer of Custody as Discovery Sanction »
August 25, 2005
Joint Physical Care is a "Viable Option"
The Court of Appeals recently issued its decision in the case of In re Marriage of Munger. Aside from footnote dicta in an earlier 2005 case, this appears to be the first appellate case applying the July 1, 2004, amendment concerning joint physical care: Joint physical care, although once disfavored in our case law, see In re Marriage of Roberts, 545 N.W.2d 342, 343 (Iowa Ct. App. 1996), has been sanctioned by our legislature as a viable option under our dissolution statute. Iowa Code § 598.41(5)
The decision gives little guidance as to the specific legal effect of the statutory amendments (i.e., is there a preference for joint physical care, a preference, a presumption, or nothing it all?). Nor does the decision explain what is required of the trial court if it finds joint physical care not to be in the children's best interests. However, the decision does give practical guidance about what level of communication, cooperation and planning the court might require in order to approve joint physical care requests: In this particular situation, a joint physical care arrangement most effectively serves the best interests of [the children]. Both [parents] possess the attributes of effective and capable parents, willing to engage each other in the concerns affecting the children. Moreover, such an arrangement provides the children with the maximum continuing contact with each parent and allows them to maintain certain continuities in their life. Our legislature has deemed that joint physical care may be, in certain circumstances, a viable option. We find this to be one of those cases.
Posted on August 25, 2005 in Custody | Permalink
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Listed below are links to weblogs that reference Joint Physical Care is a "Viable Option":
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