House File 2468 - Introduced
HOUSE FILE
BY KAUFMANN and SCHUELLER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to modification of an order of child custody
2 based upon the relocation of a parent awarded physical
3 custody.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5545YH 82
6 pf/nh/14
PAG LIN
1 1 Section 1. Section 598.21D, Code 2007, is amended to read
1 2 as follows:
1 3 598.21D RELOCATION OF PARENT AS GROUNDS TO MODIFY ORDER OF
1 4 CHILD CUSTODY == LEVEL OF CARE CONSIDERATION IN MODIFYING.
1 5 1. If a parent awarded joint legal custody and physical
1 6 care or sole legal custody is relocating the residence of the
1 7 minor child to a location which is one hundred fifty miles or
1 8 more from the residence of the minor child at the time that
1 9 custody was awarded, the court may consider the relocation a
1 10 substantial change in circumstances.
1 11 2. If the court determines that the relocation is a
1 12 substantial change in circumstances, in determining the best
1 13 interest of the child, the court may modify an existing order
1 14 that awarded joint legal custody and physical care to the
1 15 relocating parent and instead award joint legal custody and
1 16 physical care to the nonrelocating parent, if the court finds
1 17 that, in regard to the level of care provided by each parent,
1 18 the care provided by the nonrelocating parent is equal to the
1 19 level of care provided by the relocating parent. If the court
1 20 modifies the order and awards joint legal custody and physical
1 21 care to the nonrelocating parent, the court shall modify the
1 22 custody order to, at a minimum, preserve, as nearly as
1 23 possible, the existing relationship between the minor child
1 24 and the relocating parent. If modified, the order may include
1 25 a provision for extended visitation during summer vacations
1 26 and school breaks and scheduled telephone contact between the
1 27 relocating parent and the minor child. The modification may
1 28 include a provision assigning the responsibility for
1 29 transportation of the minor child for visitation purposes to
1 30 either or both parents.
1 31 3. If the court determines that the relocation is a
1 32 substantial change in circumstances, and the court modifies
1 33 the custody order retaining the provisions of the order
1 34 awarding joint legal custody and physical care or sole legal
1 35 custody to the relocating parent, the court shall modify the
2 1 custody order to, at a minimum, preserve, as nearly as
2 2 possible, the existing relationship between the minor child
2 3 and the nonrelocating parent. If modified, the order may
2 4 include a provision for extended visitation during summer
2 5 vacations and school breaks and scheduled telephone contact
2 6 between the nonrelocating parent and the minor child. The
2 7 modification may include a provision assigning the
2 8 responsibility for transportation of the minor child for
2 9 visitation purposes to either or both parents.
2 10 4. If the court makes a finding of past interference by
2 11 the a parent awarded joint legal custody and physical care or
2 12 sole legal custody with the minor child's access to the other
2 13 parent, the court may order the posting of a cash bond to
2 14 assure future compliance with the visitation provisions of the
2 15 decree. The supreme court shall prescribe guidelines for the
2 16 forfeiting of the bond and restoration of the bond following
2 17 forfeiting of the bond.
2 18 EXPLANATION
2 19 This bill amends provisions relating to relocation of a
2 20 parent as grounds for modification of a child custody order.
2 21 Current law provides that if a parent who has been awarded
2 22 joint legal custody and physical care or sole legal custody is
2 23 relocating the residence of the minor child to a location
2 24 which is 150 miles or more from the residence of the minor
2 25 child at the time that custody was awarded, the court may
2 26 consider the relocation a substantial change in circumstances.
2 27 The bill provides that if the court determines that the
2 28 relocation is a substantial change in circumstances, in
2 29 determining the best interest of the child, the court may
2 30 modify the existing order that awarded joint legal custody and
2 31 physical care to the relocating parent and instead award joint
2 32 legal custody and physical care to the nonrelocating parent,
2 33 if the court finds that, in regard to the level of care
2 34 provided by each parent, the care provided by the
2 35 nonrelocating parent is equal to the level of care provided by
3 1 the relocating parent. If the court does modify the order and
3 2 awards joint legal custody and physical care to the
3 3 nonrelocating parent, the court is also to modify the custody
3 4 order to preserve, as nearly as possible, the existing
3 5 relationship between the minor child and the relocating
3 6 parent. Additionally, if the order is modified, the order may
3 7 include a provision for extended visitation during summer
3 8 vacations and school breaks and scheduled telephone contact
3 9 between the relocating parent and the minor child. The
3 10 modification may also include a provision assigning the
3 11 responsibility for transportation of the minor child for
3 12 visitation purposes to either or both parents.
3 13 Current law is retained regarding modification of the order
3 14 in a manner that retains the award of custody with the
3 15 relocating parent and the provisions relating to preserving
3 16 the existing relationship with the nonrelocating parent,
3 17 extended vacations and school breaks, telephone contact, and
3 18 provision for transportation of the minor child for visitation
3 19 purposes to either or both parents.
3 20 The bill amends the provision relating to posting of a cash
3 21 bond based on past interference by the relocating parent to
3 22 apply to both parents.
3 23 LSB 5545YH 82
3 24 pf/nh/14