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HSB 263

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

2025-2026 Regular Session

During dissolution, courts would default to temporary joint physical custody with a minimum visitation schedule unless rebutted, ensuring both parents stay involved.

Subcommittee Meeting: 01/22/2026 12:30PM RM 103.
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Bill Summary · HSB 263

Summary of HSB 263 (Temporary Orders of Child Custody in Dissolution Proceedings)

Overview

HSB 263 proposes changes to temporary child custody orders during dissolution (divorce) proceedings. The bill would standardize how temporary custody and visitation are allocated while a dissolution case is pending, with an emphasis on promoting compliance with visitation orders and providing temporary joint physical custody to both parents unless a rebuttable presumption against physical custody applies to one party. The measure is intended to guide courts in the interim period before final custody determinations.

Purpose and Intent

  • Encourage compliance with visitation orders during dissolution proceedings.
  • Provide for temporary joint physical custody to both parents on a temporary basis, absent a rebuttable presumption against awarding physical custody to a party.
  • Require courts to articulate, with detailed reasoning, when joint physical custody is found inappropriate.

Key Provisions and Changes

  • Visitation as a Condition of Temporary Custody:

    • A temporary custody order must include a minimum visitation schedule with the noncustodial parent, unless the court finds that such visitation is not in the best interests of the child.

  • Temporary Joint Physical Custody:

    • During the pendency of the custody proceeding, the court shall order temporary joint physical care of the child to both parties unless a rebuttable presumption exists against awarding physical care to one party.

  • Presumption and Exceptions:

    • If there is a rebuttable presumption against awarding physical care to one party, the temporary joint physical custody requirement may not apply.

  • Rationale and Pleading of Reasons:

    • If the court determines, by a preponderance of the evidence, that joint physical custody is inappropriate, the court must cite the reasons for this determination using the factors listed in section 598.41, subsection 3.

  • Legal Reference:

    • The changes pertain to section 598.10, subsection 1, paragraph b, and involve guidance consistent with existing statutory factors for child custody decisions.

Affected Parties and Impacts

  • Affected Entities:

    • Parents involved in dissolution proceedings.
    • Family court judges and clerks handling temporary custody orders.

  • Practical Impact:

    • Courts would routinely issue temporary joint physical custody orders (absent rebuttable presumption) to both parents during the dissolution process.
    • A minimum visitation schedule would be attached to temporary orders to promote continued contact with the noncustodial parent.
    • Courts must provide explicit factual reasoning tied to statutory custody factors if joint physical custody is deemed inappropriate.

Procedural Timeline and Status

  • Introduced: February 27, 2025.
  • Referral: Judiciary.
  • Subcommittee Actions:
    • February 27, 2025: Subcommittee appointed (Thomson, C., Lawler, Wessel-Kroeschell).
    • March 4, 2025: Subcommittee recommends passage.
    • March 3, 2025: Subcommittee meeting scheduled (March 4, 2025, 8:00 AM, RM 102).
  • Current Status: Subcommittee recommends passage.

Notes for Readers

  • The bill emphasizes temporary, not permanent, custody arrangements designed to bridge the dissolution period.
  • While it promotes joint physical custody in the temporary phase, it preserves a mechanism (preponderance of evidence) for courts to diverge from joint custody with documented justification based on established factors.
  • Final outcomes hinge on the court’s evaluation of the child’s best interests and the statutory factors in 598.41(3).

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

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