HF 2145 (LSB 6107HH (2) 83)

HOUSE FILE 2145

BY  CHAMBERS

A BILL FOR

An Act relating to assignment of visitation to the grandparent of a child when a parent is serving active duty in the military service of the United States.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  598.41D  Assignment of visitation —— parent serving active duty —— grandparent.
   1.  Notwithstanding any provision to the contrary, a parent who has been granted court-ordered visitation with the parent’s minor child may file an application for modification of a decree or a petition for modification of an order regarding child visitation, prior to or during the time the parent is serving active duty in the military service of the United States, to temporarily assign that parent’s visitation rights to a grandparent of the minor child, as specified by the parent. The application or petition shall be accompanied by an affidavit from the grandparent indicating the grandparent’s knowledge of the application or petition and willingness to exercise the parent’s visitation rights during the parent’s absence.
   2.  a.  If the active duty of a parent affects the parent’s ability or anticipated ability to appear at a regularly scheduled hearing, the court shall provide for an expedited hearing in matters instituted under this section.
   b.  If the active duty or anticipated active duty of a parent prevents the parent from appearing in person at a hearing, the court shall provide, upon reasonable advance notice, for the parent to present testimony and evidence by electronic means in matters instituted under this section. For the purposes of this paragraph, “electronic means” includes communication by telephone, video teleconference, or the internet.
   3.  The court may grant the parent’s request for temporary assignment of visitation if the court finds that such visitation is in the best interest of the child.
   4.  An order granting assignment of visitation rights under this section does not create separate rights to visitation for a person other than the parent.
   5.  An order granting temporary assignment of visitation rights pursuant to this section shall terminate upon notification of the court by the parent or automatically upon the parent’s completion of active duty, whichever occurs first.
   6.  After a parent completes active duty, if an application for modification of a decree or a petition for modification of an order is filed, the parent’s absence due to active duty or the assignment of visitation rights does not constitute a substantial change in circumstances, and the court shall not consider a parent’s absence due to that active duty or the assignment of visitation rights in making a determination regarding the best interest of the child relative to such an application or petition filed after a parent completes active duty.
   7.  As used in this section, “active duty” means active military duty pursuant to orders issued under Title X of the United States Code. However, this section shall not apply to active guard and reserve duty or similar full-time military duty performed by a parent when the child remains in actual custody of the parent.
EXPLANATION
   This bill relates to the assignment of visitation of a parent serving active duty to a grandparent of the child. The bill provides that a parent who has been granted court-ordered visitation with the parent’s minor child may file an application for modification of a decree or a petition for modification of an order regarding child visitation, prior to or during the time the parent is serving active duty, to temporarily assign that parent’s visitation rights to a grandparent of the minor child, as specified by the parent. The application or petition must be accompanied by an affidavit from the grandparent indicating the grandparent’s knowledge of the application or petition and willingness to exercise the parent’s visitation rights during the parent’s absence.
   The bill also provides for an expedited hearing on the application or petition if the active duty or anticipated active duty of the parent affects the parent’s ability to appear at a regularly scheduled hearing and for presentation of testimony and evidence by electronic means if the parent is prevented from appearing in person due to the active duty or anticipated active duty, upon reasonable advance notice. “Electronic means” includes communication by telephone, video teleconference, or the internet. 
   The court may grant the parent’s request for temporary assignment of visitation if the court finds that such visitation is in the best interest of the child. However, the assignment of visitation rights does not create separate rights to visitation for a person other than the parent. The order granting temporary assignment of visitation terminates upon notification of the court by the parent or automatically upon the parent’s completion of active duty, whichever occurs first.
   The bill provides that after a parent completes active duty, if an application for modification of a decree or a petition for modification of an order is filed, the parent’s absence due to active duty or the assignment of visitation does not constitute a substantial change in circumstances, and the court shall not consider a parent’s absence due to that active duty or the assignment of visitation in making a determination regarding the best interest of the child relative to such an application or petition filed after a parent completes active duty.
   “Active duty” is defined as active military duty pursuant to orders issued under Title X of the United States Code. However, the bill does not apply to active guard and reserve duty or similar full-time military duty performed by a parent when the child remains in actual custody of the parent.