Fathers Rights Bill Moves To Senate Committee
By McGuire Law
Apr. 7, 2011 12:40p
Legislature Battles Over Child Custody Issues
After passing the Iowa House, a new bill has moved on from a Senate subcommittee and is advancing through the legislative process towards becoming a law.
House File 345 is a new proposal by the Republicans in the House that would set the default assumption in child custody cases to be equal joint physical custody for both parents, a move supporters hope will help underrepresented fathers see more of their children. A conservative group The Family Leader has come out in support of the bill, saying that it would help ensure children get the proper relationship with their father’s that is crucial to a child’s development.
Detractors of the legislation, however, argue that it is harmful to children because it forces judges to assume equality when it may not exist. Abusive or neglectful parents, they argue, should not be allowed to raise their children, and this bill just makes it more likely that they will be allowed to do so. Another concern raised by the opposition is that some parents may fight for equal custody in order to lower child support payments, and then refuse to actually follow through on taking care of the child.
Senate Subcommittee Approves Bill
After HF 345 passed the Iowa House last week by a vote of 69-26, the legislature passed it on the Senate. Though members of the subcommittee were initially hesitant to support the bill, they relented, and voted 3-0 to submit it to the full Senate Judiciary Committee. The bill now has a week to be approved by the group before it can move before the full Senate for a vote.
Democratic Senators have shown hesitant support for the bill, indicating that though there are some disagreements over the particulars, the bill will stand a good chance of passing the Senate, where it will have to be approved by the Governor before it can become law.
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Legislation has passed the Iowa State House that would make the default assumption in child custody cases that both parents will receive joint physical custody rights.
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