House File 66 - Introduced HOUSE FILE 66 BY CHAMBERS , J. TAYLOR , SHAW , SWEENEY , HANUSA , VANDER LINDEN , KEARNS , THOMAS , MUHLBAUER , WITTNEBEN , BERRY , ALONS , LUKAN , RAYHONS , HEDDENS , and J. SMITH A BILL FOR An Act relating to children of military service members on 1 active duty. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1128YH (4) 84 pf/nh

H.F. 66 Section 1. Section 598.41D, Code 2011, is amended to read 1 as follows: 2 598.41D Assignment of visitation or joint physical care —— 3 parent serving active duty —— family member. 4 1. Notwithstanding any provision to the contrary, a 5 parent who has been granted court-ordered visitation with 6 or joint physical care of the parent’s minor child may file 7 an application for modification of a decree or a petition 8 for modification of an order regarding child visitation or 9 joint physical care , prior to or during the time the parent 10 is serving active duty in the military service of the United 11 States, to temporarily assign that parent’s visitation rights 12 or award of joint physical care to a family member of the minor 13 child, as specified by the parent. The application or petition 14 shall be accompanied by an affidavit from the family member 15 indicating the family member’s knowledge of the application or 16 petition and willingness to exercise the parent’s visitation 17 rights or assume joint physical care of the child during the 18 parent’s absence. The application or petition shall also 19 request any change in the visitation schedule or award of joint 20 physical care necessitated by the assignment. 21 2. a. If the active duty of a parent affects the parent’s 22 ability or anticipated ability to appear at a regularly 23 scheduled hearing, the court shall provide for an expedited 24 hearing in matters instituted under this section . 25 b. If the active duty or anticipated active duty of a parent 26 prevents the parent from appearing in person at a hearing, the 27 court shall provide, upon reasonable advance notice, for the 28 parent to present testimony and evidence by electronic means 29 in matters instituted under this section . For the purposes of 30 this paragraph, “electronic means” includes communication by 31 telephone, video teleconference, or the internet. 32 3. a. The court may grant the parent’s request for 33 temporary assignment of visitation or joint physical care 34 and any change in the visitation schedule or award of joint 35 -1- LSB 1128YH (4) 84 pf/nh 1/ 4

H.F. 66 physical care requested if the court finds that such assignment 1 of visitation or joint physical care is in the best interest 2 of the child. 3 b. In determining the best interest of the child, the court 4 shall ensure all of the following: 5 (1) That the specified family member is not a sex offender 6 as defined in section 692A.101 . 7 (2) That the specified family member does not have a history 8 of domestic abuse, as defined in section 236.2 . In determining 9 whether a history of domestic abuse exists, the court’s 10 consideration shall include but is not limited to commencement 11 of an action pursuant to section 236.3 , the issuance of a 12 protective order against the individual or the issuance of a 13 court order or consent agreement pursuant to section 236.5 , 14 the issuance of an emergency order pursuant to section 236.6 , 15 the holding of an individual in contempt pursuant to section 16 664A.7 , the response of a peace officer to the scene of 17 alleged domestic abuse or the arrest of an individual following 18 response to a report of alleged domestic abuse, or a conviction 19 for domestic abuse assault pursuant to section 708.2A . 20 (3) That the specified family member does not have a record 21 of founded child or dependent adult abuse. 22 (4) That the specified family member has an established 23 relationship with the child and assigning visitation or joint 24 physical care to the specified family member will provide 25 the child the opportunity to maintain an ongoing family 26 relationship that is important to the child. 27 (5) That the specified family member is able to personally 28 and financially support the child during visitation or joint 29 physical care . 30 4. An order granting assignment of visitation rights or 31 award of joint physical care under this section does not create 32 separate rights to visitation or an award of joint physical 33 care for a person other than the parent. 34 5. The parent whose visitation rights are or award of joint 35 -2- LSB 1128YH (4) 84 pf/nh 2/ 4

H.F. 66 physical care is temporarily assigned shall provide a copy of 1 the order granting assignment of visitation or joint physical 2 care to the school and school district of the child to whom the 3 order applies. 4 6. An order granting temporary assignment of visitation 5 rights or award of joint physical care pursuant to this section 6 shall terminate upon notification of the court by the parent 7 or automatically upon the parent’s completion of active duty, 8 whichever occurs first. 9 7. After a parent completes active duty, if an application 10 for modification of a decree or a petition for modification of 11 an order is filed, the parent’s absence due to active duty or 12 the assignment of visitation rights or award of joint physical 13 care does not constitute a substantial change in circumstances, 14 and the court shall not consider a parent’s absence due to that 15 active duty or the assignment of visitation rights or award of 16 joint physical care in making a determination regarding the 17 best interest of the child relative to such an application or 18 petition filed after a parent completes active duty. 19 8. As used in this section , “active duty” means active 20 military duty pursuant to orders issued under Tit. X of the 21 United States Code. However, this section shall not apply to 22 active guard and reserve duty or similar full-time military 23 duty performed by a parent when the child remains in actual 24 custody of the parent. 25 EXPLANATION 26 This bill relates to the custody-related issues of children 27 of active duty military personnel. The bill provides that in 28 addition to assignment of court-ordered visitation, a parent 29 who will be or is serving active duty in the military service 30 of the United States, may petition to have an award of joint 31 physical care assigned to a family member of the minor child, 32 as specified by the parent. As with assignment of visitation, 33 the court must determine that the assignment of the award of 34 joint physical care is in the best interest of the child based 35 -3- LSB 1128YH (4) 84 pf/nh 3/ 4

H.F. 66 on the factors specified in the bill. 1 -4- LSB 1128YH (4) 84 pf/nh 4/ 4