IowaFathers.com Hosting Non-Custodial Parents Rally

IowaFathers.com is hosting their a rally on 4/21/07. Per email:

On Saturday, April 21, 2007, we are holding our first ever Non-Custodial Parents Rally in Des Moines in observance of Parental Alienation Awareness Day, which is April 25th. Our guest speakers include Presidential candidate Dr. Mark Klein, Stephen Baskerville, PhD, the president of American Coalition for Fathers and Children (ACFC), Dick Woods of Fathers for Equal Rights, Pastor Ron Smith of Children Need Both Parents, Inc (Chicago, IL), among others. The event is being held from noon until 3:00 p.m. at the Civic Center of Greater Des Moines, 227 Walnut St., Des Moines, Iowa, 50309-2104.

IowaFathers.com works to Oust Judge Pelton

IowaFathers.com is encouraging residents of District 7 in Iowa (Cedar, Clinton , Jackson , Muscatine , and Scott Counties) to vote no to Judge Pelton on November 7th.

An article about their efforts can be seen here: Group works to oust judge

This is all verbatim from email:

The Quad Cities Times article did not report that Judge Pelton is asking voters of District 7 to give him a six (6) year, guaranteed salary of $875,000 without stating where he stands on the issue of joint physical care. The article failed to mention that Judge Pelton refused to respond to a survey requesting information from him about joint physical care and child custody arrangements. The article failed to state that Judge Pelton received the lowest ratings in his district and ranked second lowest in the state by the Iowa Bar Association in their 2006 Plebiscite. Many other issues were not touched in the article.

When Judge Pelton restricts access of children to good loving qualified parents, without meeting any compelling state interest, he is acting as an activist judge, trampling on constitutional rights, and no longer are citizens of Iowa going to tolerate such judicial activism.

On November 7, 2006, please encourage all friends and family members residing in Cedar, Clinton , Jackson , Muscatine , and Scott Counties to Vote NO for Judge Charles Pelton.

New Link - IowaFathers.com

I am adding a link to IowaFathers.com. They have A LOT of good information on the site including proposed legislation for a presumption favoring joint physical care. Stop by and take a look.

Iowa Joint Custody

The Iowa Family Law Blog discusses the first case regarding the 2004 Iowa amendment on joint physical care. It is not good:

The statutes language following the 1997 amendment, as well as its language following the 2004 amendment, constitutes neither a ringing endorsement of joint physical care, nor a mandate for courts to grant joint physical care unless the best interest of the child requires a different physical care arrangement.

Click here for summary...

Forest City man fights allegations of abuse - Iowa

globegazette.com

This is the story of Steven Kaduce, a Forest City man who has faced numerous sexual abuse allegations, none of which have been “founded.”

Thoughts on Iowa Custody Law

This is an interesting article about some of the response (both from parents and judicial) to the new Iowa custody law.

Opinions vary on new child custody law

New Iowa Custody Law

Iowa Gov. Tom Vilsack signed a new custody law on Wed, May 19th. I have copied this off an email list which I subscribe to:

Here is the essence of the change to Iowa custody law signed yesterday by the Governor. The previously existing 2003 Iowa Code, Custody of Children, Section 598.41, subsection 5, reads:
EXISTING LAW:

Joint physical care may be in the best interest of the child, but joint legal custody does not require joint physical care. When the court determines such action would be in the best interest of the child and would preserve the relationship between each parent and the child, joint physical care may be awarded to both joint custodial parents or physical care may be awarded to one joint custodial parent.

That subsection is replaced as follows, effective July 1, 2004:

REVISED LAW:

If joint legal custody is awarded to both parents, the court may award joint physical care to both joint custodial parents upon the request of either parent. If the court denies the request for joint physical care, the determination shall be accompanied by specific findings of fact and conclusions of law that the awarding of joint physical care is not in the best interests of the child.

Further information available from the Des Moines Register.

This is the type of legislation we need to see in all states.

Iowa Joint Custody Legislation

Iowa is in the process of passing new joint custody legislation. Iowa Bill HF22 "would amend the Iowa Code by saying that if parents are awarded joint legal custody, the court shall (changed from may) award joint physical care to both parents, unless one parent objects and can provide clear and convincing evidence that the arrangement is unreasonable." It has now passed both the Iowa House and Senate.

This is a watershed event as even though there are states with presumptive joint custody laws, rarely is the language so strict. For example, here is Indiana's joint custody statute: "The court may award legal custody of a child jointly if the court finds an award of joint legal custody would be in the best interests of the child. An award of joint legal custody under section 13 of this chapter does not require an equal division of physical custody of the child." - You can see this nothing about this is presumptive, including joint legal custody.

The Iowa law still has to be signed by Governor Tom Vilsack. I strongly encourage you, regardless of where you live, to contact the Governor in support of this bill. You can contact him through his website or:
Office of the Governor
State Capitol
Des Moines, Iowa 50319
515-281-5211
Fax 515-281-6611

For more information on this bill you can visit cnbp.info which is a political action committee in Iowa.