SF 2140 (LSB 6059SS (2) 88)

SENATE FILE 2140

BY  FEENSTRA

A BILL FOR

An Act relating to replacement of the term visitation with the term parenting time relative to time awarded to a parent.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.2, subsection 47, Code 2020, is amended to read as follows:
   47.  “Residual parental rights and responsibilities” means those rights and responsibilities remaining with the parent after transfer of legal custody or guardianship of the person of the child. These include but are not limited to the right of visitation parenting time, the right to consent to adoption, and the responsibility for support.
    Sec. 2.  Section 232.102, subsection 13, Code 2020, is amended to read as follows:
   13.  Unless prohibited by the court order transferring custody of the child for placement or other court order or the department or agency that received the custody transfer finds that allowing the visitation parenting time would not be in the child’s best interest, the department or agency may authorize reasonable visitation with the child by the child’s grandparent, great-grandparent, or other adult relative who has established a substantial relationship with the child.
    Sec. 3.  Section 232.103A, subsection 1, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   The juvenile court may close a child in need of assistance case by transferring jurisdiction over the child’s custody, physical care, and visitation parenting time to the district court through a bridge order, if all of the following criteria are met:
    Sec. 4.  Section 232.103A, subsection 1, paragraph e, Code 2020, is amended to read as follows:
   e.  The juvenile court has determined that the child in need of assistance case can safely close once orders for custody, physical care, and visitation parenting time are entered by the district court.
    Sec. 5.  Section 232.103A, subsections 3 and 6, Code 2020, are amended to read as follows:
   3.  The juvenile court shall designate the petitioner and respondent for the purposes of the bridge order. A bridge order shall only address matters of custody, physical care, and visitation parenting time. All other matters, including child support, shall be filed by separate petition or by action of the child support recovery unit, and shall be subject to existing applicable statutory provisions.
   6.  Following the issuance of a bridge order, a party may file a petition in district court for modification of the bridge order for custody, physical care, or visitation parenting time. If the petition for modification is filed within one year of the filing date of the bridge order, the party requesting modification shall not be required to demonstrate a substantial change of circumstances but instead shall demonstrate that such modification is in the best interest of the child. If a petition for modification is filed within one year of the filing date of the bridge order, filing fees and other court costs shall not be assessed against the parties.
    Sec. 6.  Section 232.107, Code 2020, is amended to read as follows:
   232.107  Parent visitation Parenting time.
   If a child is removed from the child’s home in accordance with an order entered under this division, unless the court finds that substantial evidence exists to believe that reasonable visitation parenting time or supervised visitation parenting time would cause an imminent risk to the child’s life or health, the order shall allow the child’s parent reasonable visitation parenting time or supervised visitation parenting time with the child.
    Sec. 7.  Section 236.4, subsections 2 and 3, Code 2020, are amended to read as follows:
   2.  The court may enter any temporary order it deems necessary to protect the plaintiff from domestic abuse prior to the hearing, including temporary custody or visitation parenting time orders pursuant to subsection 3, upon good cause shown in an ex parte proceeding. Present danger of domestic abuse to the plaintiff constitutes good cause for purposes of this subsection. A temporary order issued pursuant to this subsection shall specifically include notice that the person may be required to relinquish all firearms, offensive weapons, and ammunition upon the issuance of a permanent order pursuant to section 236.5.
   3.  The court may award temporary custody of or establish temporary visitation parenting time rights with regard to children under eighteen years of age. In awarding temporary custody or temporary visitation parenting time rights, the court shall give primary consideration to the safety of the alleged victim and the children. If the court finds that the safety of the alleged victim or the children will be jeopardized by unsupervised or unrestricted visitation parenting time, the court shall set conditions or restrict visitation parenting time as to time, place, duration, or supervision, or deny visitation parenting time entirely, as needed to guard the safety of the victim and the children. The court shall also determine whether any other existing orders awarding custody or visitation parenting time should be modified.
    Sec. 8.  Section 236.5, subsection 1, paragraph b, subparagraph (5), Code 2020, is amended to read as follows:
   (5)  The awarding of temporary custody of or establishing temporary visitation parenting time rights with regard to children under eighteen.
   (a)  In awarding temporary custody or temporary visitation parenting time rights, the court shall give primary consideration to the safety of the victim and the children.
   (b)  If the court finds that the safety of the victim or the children will be jeopardized by unsupervised or unrestricted visitation parenting time, the court shall condition or restrict visitation parenting time as to time, place, duration, or supervision, or deny visitation parenting time entirely, as needed to guard the safety of the victim and the children.
   (c)  The court shall also determine whether any other existing orders awarding custody or visitation parenting time rights should be modified.
   (d)  Prior to entry of an order or agreement under this section that involves a child-custody determination as defined in section 598B.102, the parties shall furnish information to the court in compliance with section 598B.209.
    Sec. 9.  Section 252A.20, Code 2020, is amended to read as follows:
   252A.20  Limitation on actions.
   Issues related to visitation parenting time, custody, or other provisions not related to the support provisions of a support order shall not be grounds for a hearing, modification, adjustment, or other action under this chapter.
    Sec. 10.  Section 252B.5, subsection 12, paragraph b, subparagraph (6), Code 2020, is amended to read as follows:
   (6)  Following issuance of a final decision under chapter 17A that no mistake of fact exists, the obligor may request a hearing before the district court pursuant to chapter 17A. The department shall transmit a copy of its record to the district court pursuant to chapter 17A. The scope of the review by the district court shall be limited to demonstration of a mistake of fact. Issues related to visitation parenting time, custody, or other provisions not related to the support provisions of a support order are not grounds for a hearing under this subsection.
    Sec. 11.  Section 252B.9A, subsection 3, paragraph a, subparagraph (2), Code 2020, is amended to read as follows:
   (2)  To make or enforce a child custody or visitation parenting time determination or order.
    Sec. 12.  Section 252B.20A, subsection 1, paragraph b, Code 2020, is amended to read as follows:
   b.  There is no order in effect regarding legal custody, physical care, visitation parenting time, or other parenting time for the child.
    Sec. 13.  Section 252D.25, subsection 1, Code 2020, is amended to read as follows:
   1.  Issues related to visitation parenting time, custody, or other provisions not related to the support provisions of a support order are not grounds for a motion to quash, revoke, suspend, or stay a withholding order.
    Sec. 14.  Section 252I.8, subsection 5, paragraph g, Code 2020, is amended to read as follows:
   g.  Issues related to visitation parenting time, custody, or other provisions not related to levies against accounts are not grounds for a hearing under this chapter.
    Sec. 15.  Section 252J.9, subsection 4, Code 2020, is amended to read as follows:
   4.  The scope of review by the district court shall be limited to demonstration of a mistake of fact relating to the delinquency of the obligor or the noncompliance of the individual with a subpoena or warrant. Issues related to visitation parenting time, custody, or other provisions not related to the support provisions of a support order are not grounds for a hearing under this chapter.
    Sec. 16.  Section 252K.104, subsection 2, paragraph b, Code 2020, is amended to read as follows:
   b.  Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation parenting time in a proceeding under this chapter.
    Sec. 17.  Section 252K.305, subsection 4, Code 2020, is amended to read as follows:
   4.  A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation parenting time.
    Sec. 18.  Section 598.10, subsection 1, paragraph b, Code 2020, is amended to read as follows:
   b.  In order to encourage compliance with a visitation parenting time order, a temporary order for custody shall provide for a minimum visitation parenting time schedule with the noncustodial parent, unless the court determines that such visitation parenting time is not in the best interest of the child.
    Sec. 19.  Section 598.15, subsection 1, Code 2020, is amended to read as follows:
   1.  The parties to any action which involves the issues of child custody or visitation parenting time shall participate in a court-approved course to educate and sensitize the parties to the needs of any child or party during and subsequent to the proceeding within forty-five days of the service of notice and petition for the action or within forty-five days of the service of notice and application for modification of an order. Participation in the course may be waived or delayed by the court for good cause including but not limited to a default by any of the parties or a showing that the parties have previously participated in a court-approved course or its equivalent. Participation in the course is not required if the proceeding involves termination of parental rights of any of the parties. A final decree shall not be granted or a final order shall not be entered until the parties have complied with this section, unless participation in the course is waived or delayed for good cause or is otherwise not required under this subsection.
    Sec. 20.  Section 598.21C, subsection 7, Code 2020, is amended to read as follows:
   7.  Modification by child support recovery unit.  

Notwithstanding any other provision of law to the contrary, when an application for modification or adjustment of support is submitted by the child support recovery unit, the sole issues which may be considered by the court in that action are the application of the guidelines in establishing the amount of support pursuant to section 598.21B, and provision for medical support under chapter 252E. When an application for a cost-of-living alteration of support is submitted by the child support recovery unit pursuant to section 252H.24, the sole issue which may be considered by the court in the action is the application of the cost-of-living alteration in establishing the amount of child support. Issues related to custody, visitation parenting time, or other provisions unrelated to support shall be considered only under a separate application for modification.
    Sec. 21.  Section 598.21D, Code 2020, is amended to read as follows:
   598.21D  Relocation of parent as grounds to modify order of child custody.
   If a parent awarded joint legal custody and physical care or sole legal custody is relocating the residence of the minor child to a location which is one hundred fifty miles or more from the residence of the minor child at the time that custody was awarded, the court may consider the relocation a substantial change in circumstances. If the court determines that the relocation is a substantial change in circumstances, the court shall modify the custody order to, at a minimum, preserve, as nearly as possible, the existing relationship between the minor child and the nonrelocating parent. If modified, the order may include a provision for extended visitation parenting time during summer vacations and school breaks and scheduled telephone contact between the nonrelocating parent and the minor child. The modification may include a provision assigning the responsibility for transportation of the minor child for visitation parenting time purposes to either or both parents. If the court makes a finding of past interference by the parent awarded joint legal custody and physical care or sole legal custody with the minor child’s access to the other parent, the court may order the posting of a cash bond to assure future compliance with the visitation parenting time provisions of the decree. The supreme court shall prescribe guidelines for the forfeiting of the bond and restoration of the bond following forfeiting of the bond.
    Sec. 22.  Section 598.23, subsection 2, paragraph b, Code 2020, is amended to read as follows:
   b.  Modifies visitation parenting time to compensate for lost visitation parenting time time or establishes joint custody for the child or transfers custody.
    Sec. 23.  Section 598.41, subsection 1, paragraphs a and d, Code 2020, are amended to read as follows:
   a.  The court may provide for joint custody of the child by the parties. The court, insofar as is reasonable and in the best interest of the child, shall order the custody award, including liberal visitation parenting time rights where appropriate, which will assure the child the opportunity for the maximum continuing physical and emotional contact with both parents after the parents have separated or dissolved the marriage, and which will encourage parents to share the rights and responsibilities of raising the child unless direct physical harm or significant emotional harm to the child, other children, or a parent is likely to result from such contact with one parent.
   d.  If a history of domestic abuse exists as determined by a court pursuant to subsection 3, paragraph “j”, and if a parent who is a victim of such domestic abuse relocates or is absent from the home based upon the fear of or actual acts or threats of domestic abuse perpetrated by the other parent, the court shall not consider the relocation or absence of that parent as a factor against that parent in the awarding of custody or visitation parenting time.
    Sec. 24.  Section 598.41, subsection 3, paragraph i, Code 2020, is amended to read as follows:
   i.  Whether the safety of the child, other children, or the other parent will be jeopardized by the awarding of joint custody or by unsupervised or unrestricted visitation parenting time.
    Sec. 25.  Section 598.41, subsection 6, Code 2020, is amended to read as follows:
   6.  If the parties have more than one minor child, and the court awards each party the physical custody of one or more of the children, upon application by either party, and if it is reasonable and in the best interest of the children, the court shall include a provision in the custody order directing the parties to utilize parenting time to allow visitation between the children in each party’s custody.
    Sec. 26.  Section 598.41A, Code 2020, is amended to read as follows:
   598.41A  Visitation Parenting time —— history of crimes against a minor.
   1.  Notwithstanding section 598.41, the court shall consider, in the award of visitation parenting time rights to a parent of a child, the criminal history of the parent if the parent has been convicted of a sex offense against a minor as defined in section 692A.101.
   2.  Notwithstanding section 598.41, an individual who is a parent of a minor child and who has been convicted of a sex offense against a minor as defined in section 692A.101, is not entitled to visitation parenting time rights while incarcerated. While on probation, parole, or any other type of conditional release including a special sentence for such offense, visitation parenting time shall be denied until the parent successfully completes a treatment program approved by the court, if required by the court. The circumstances described in this subsection shall be considered a substantial change in circumstances.
    Sec. 27.  Section 598.41B, Code 2020, is amended to read as follows:
   598.41B  Visitation Parenting time —— restrictions —— murder of parent.
   1.  Notwithstanding section 598.41, the court shall not do either of the following:
   a.  Enforce an existing order awarding visitation parenting time rights to a child’s parent, which was obtained prior to that parent’s conviction for first degree murder in the murder of the child’s other parent, unless such enforcement is in the best interest of the child.
   b.  Award visitation parenting time rights to a child’s parent who has been convicted of murder in the first degree of the child’s other parent, unless the court finds that such visitation parenting time is in the best interest of the child.
   2.  In determining whether visitation parenting time would be in the best interest of the child pursuant to subsection 1, the court shall consider all of the following:
   a.  The age and level of maturity of the child.
   b.  If the child is developmentally mature enough to provide assent and whether the child does assent.
   c.  The recommendation of the child’s custodian or legal guardian.
   d.  The recommendation of a child counselor or mental health professional following evaluation of the child.
   e.  The recommendation of a guardian ad litem for the child if one has been appointed to represent the child in the proceeding.
   f.  Any other information which the court deems to be relevant.
   3.  Until such time as an order regarding visitation parenting time rights under subsection 1 is entered, the child of a parent who has been convicted of murder in the first degree of the child’s other parent shall not visit have parenting time with the parent who has been convicted.
    Sec. 28.  Section 598B.102, subsections 3 and 4, Code 2020, are amended to read as follows:
   3.  “Child-custody determination” means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation parenting time with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
   4.  “Child-custody proceeding” means a proceeding in which legal custody, physical custody, or visitation parenting time with respect to a child is an issue. The term includes a proceeding for dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under article III.
    Sec. 29.  Section 598B.209, subsection 1, paragraphs a and c, Code 2020, are amended to read as follows:
   a.  Has participated, as a party or a witness or in any other capacity, in any other proceeding concerning the custody of or visitation parenting time with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any.
   c.  Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation parenting time with, the child and, if so, the names and addresses of those persons.
    Sec. 30.  Section 598B.304, Code 2020, is amended to read as follows:
   598B.304  Temporary visitation parenting time.
   1.  A court of this state which does not have jurisdiction to modify a child-custody determination may issue a temporary order enforcing any of the following:
   a.  A visitation parenting time schedule made by a court of another state.
   b.  The visitation parenting time provisions of a child-custody determination of another state that does not provide for a specific visitation parenting time schedule.
   2.  If a court of this state makes an order under subsection 1, paragraph “b”, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in article II. The order remains in effect until an order is obtained from the other court or the period expires.
    Sec. 31.  Section 598B.305, subsection 1, paragraph c, Code 2020, is amended to read as follows:
   c.  Except as otherwise provided in section 598B.209, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation parenting time in the child-custody determination sought to be registered.
    Sec. 32.  Section 598C.101, Code 2020, is amended to read as follows:
   598C.101  Short title.
   This chapter shall be known and may be cited as the “Uniform Deployed Parents Custody and Visitation Parenting Time Act”.
    Sec. 33.  Section 598C.102, subsections 2 and 6, Code 2020, are amended to read as follows:
   2.  “Caretaking authority” means the right to live with and care for a child on a day-to-day basis. “Caretaking authority” relative to a child includes physical custody, parenting time, and right to access, and visitation.
   6.  “Custodial responsibility” includes all powers and duties relating to caretaking authority and decision-making authority for a child. “Custodial responsibility” includes physical custody, legal custody, parenting time, right to access, visitation parenting time, and authority to grant limited contact with a child.
    Sec. 34.  Section 598C.403, Code 2020, is amended to read as follows:
   598C.403  Visitation Parenting time before termination of temporary grant of custodial responsibility.
   After a deploying parent returns from deployment and until a temporary agreement or order for custodial responsibility established under article II or III is terminated, the court may issue a temporary order granting the deploying parent reasonable contact with the child unless it is contrary to the best interest of the child, which may include additional contact time to compensate for contact time lost during deployment.
    Sec. 35.  Section 598C.501, Code 2020, is amended to read as follows:
   598C.501  Uniformity of application and construction.
   This chapter shall be applied and construed with consideration given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform deployed parents custody and visitation parenting time Act.
    Sec. 36.  Section 600.11, subsection 2, paragraph a, subparagraph (5), Code 2020, is amended to read as follows:
   (5)  A person who has been granted visitation parenting time rights with the child to be adopted pursuant to section 600C.1.
    Sec. 37.  Section 600B.26, Code 2020, is amended to read as follows:
   600B.26  Payment of attorney fees.
   In a proceeding to determine custody or visitation parenting time, or to modify a paternity, custody, or visitation parenting time order under this chapter, the court may award the prevailing party reasonable attorney fees.
    Sec. 38.  Section 600B.40, Code 2020, is amended to read as follows:
   600B.40  Custody and visitation parenting time.
   1.  The mother of a child born out of wedlock whose paternity has not been acknowledged and who has not been adopted has sole custody of the child unless the court orders otherwise. If a judgment of paternity is entered, the father may petition for rights of visitation parenting time or custody in the same paternity action or in an equity proceeding separate from any action to establish paternity.
   2.  In determining the visitation parenting time or custody arrangements of a child born out of wedlock, if a judgment of paternity is entered and the mother of the child has not been awarded sole custody, section 598.41 shall apply to the determination, as applicable, and the court shall consider the factors specified in section 598.41, subsection 3, including but not limited to the factor related to a parent’s history of domestic abuse.
   3.  In a proceeding under this chapter to determine custody or visitation parenting time or to modify a custody or visitation parenting time order, section 598.15 shall apply to the parties.
    Sec. 39.  Section 600B.40A, Code 2020, is amended to read as follows:
   600B.40A  Temporary orders —— support, custody, or visitation parenting time of a child.
   Upon petition of either parent in a proceeding involving support, custody, or visitation parenting time of a child for whom paternity has been established and whose mother and father have not been and are not married to each other at the time of filing of the petition, the court may issue a temporary order for support, custody, or visitation parenting time of the child. The temporary orders shall be made in accordance with the provisions relating to issuance of and changes in temporary orders for support, custody, or visitation parenting time of a child by the court in a dissolution of marriage proceeding pursuant to chapter 598.
    Sec. 40.  Section 600B.41A, subsection 6, paragraph b, Code 2020, is amended to read as follows:
   b.  If the court dismisses the action to overcome paternity and preserves the paternity determination under this subsection, the court shall enter an order establishing that the parent-child relationship exists between the established father and the child, and including establishment of a support obligation pursuant to section 598.21B and provision of custody and visitation parenting time pursuant to section 598.41.
    Sec. 41.  Section 600B.41A, subsection 10, Code 2020, is amended to read as follows:
   10.  Unless specifically addressed in an order entered pursuant to this section, provisions previously established by the court order regarding custody or visitation parenting time of the child are unaffected by an action brought under this section.
    Sec. 42.  Section 710.6, subsection 2, Code 2020, is amended to read as follows:
   2.  A parent of a child living apart from the other parent who conceals that child or causes that child’s whereabouts to be unknown to a parent with visitation parenting time rights or parental time in violation of a court order granting visitation parenting time rights or parental time and without the other parent’s consent, commits a serious misdemeanor.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill replaces the term “visitation” with the term “parenting time” relative to the rights awarded a parent to time with the parent’s child. The bill does not replace references to “visitation” in the context of sibling visitation or grandparent and great-grandparent visitation.