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SF 294

A bill for an act relating to temporary orders of child custody in dissolution proceedings.

2025-2026 Regular Session Introduced by Lynn Evans

Establishes a default presumption of temporary joint physical custody during dissolution proceedings, with a minimum visitation schedule unless the court finds it is not in the chi

Committee report approving bill, renumbered as SF 514.
#childcustody #courts #dissolutionofmarriage #domesticrelations #visitationrights
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Bill Summary · SF 294

Summary of SF 294 (Renumbered to SF 514): Temporary Orders of Child Custody in Dissolution Proceedings

Overview

SF 294, introduced February 12, 2025, proposes changes to temporary custody orders in dissolution (marriage dissolution) proceedings. The bill aims to encourage compliance with visitation orders and to establish a default framework for temporary physical custody while custody proceedings are pending. The committee approved the bill, and it has been renumbered as SF 514.

Key Provisions

  • Temporary joint physical care by default: Unless there is a rebuttable presumption against awarding physical care to one party, the court must grant temporary joint physical custody of the child to both parents during the pendency of the custody proceeding.
  • Minimum visitation with noncustodial parent: A temporary custody order shall provide for a minimum visitation schedule with the noncustodial parent, unless the court determines such visitation is not in the child’s best interest.
  • If joint physical custody is deemed inappropriate: If the court finds, by a preponderance of the evidence, that joint physical care is inappropriate, the court must cite the specific reasons for this determination using the factors listed in section 598.41, subsection 3.
  • Reference framework: The changes modify Section 598.10(1)(b) of the Code, aligning temporary custody orders with the stated visitation encouragement and Joint Physical Care default framework.

Purpose and Intent

  • To promote compliance with visitation orders by embedding a minimum, enforceable visitation framework in temporary custody orders.
  • To establish a presumption in favor of temporary joint physical custody during the dissolution process, subject to rebuttal, with a requirement for clear reasoning if joint custody is found inappropriate.

Affected Parties and Impacts

  • Children: More predictable temporary custody arrangements and visitation schedules during dissolution proceedings.
  • Parents/Guardians: Clear default expectations for temporary physical custody and visitation; potential for required documentation of reasons if joint physical custody is not appropriate.
  • Courts: New analytical and documentation requirements, including citing specific factors (598.41(3)) when denying joint physical custody.

Procedural and Timeline Details

  • Introduced: February 12, 2025.
  • Subcommittee: Recommends passage on February 17, 2025; meeting held February 19, 2025.
  • Legislative Action: Committee report approving the bill on March 5, 2025; renumbered as SF 514.
  • Sponsor: Evans (primary).

Additional Context

  • The bill’s explanatory section clarifies that temporary orders focus on the pendency of the original custody proceeding and require justification with specified factors if joint physical care is found inappropriate.

This summary captures the substantive changes proposed by SF 294/SF 514, its procedural history, and its potential impact on temporary child custody and visitation in dissolution cases.

Compiled from official sources — confirm details with the bill’s official record.

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