Text: HSB00162                          Text: HSB00164
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 163

Bill Text

PAG LIN
  1  1    Section 1.  Section 598.21, subsection 4, Code 2001, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  f.  The guidelines prescribed by the
  1  4 supreme court shall include a provision for credit to the
  1  5 guideline amount of child support for extraordinary
  1  6 visitation, based upon the increased costs associated with the
  1  7 relocation of a parent outside of the state or more than one
  1  8 hundred miles within the state, if the court determines that
  1  9 providing the credit is in the best interest of the child.
  1 10 The credit for extraordinary visitation under this paragraph
  1 11 shall not reduce a child support obligation below the minimum
  1 12 amount required by the guidelines.
  1 13    Sec. 2.  Section 598.21, subsection 8A, Code 2001, is
  1 14 amended by striking the subsection and inserting in lieu
  1 15 thereof the following:
  1 16    8A.  a.  A parent awarded joint legal custody and physical
  1 17 care or sole legal custody who is planning to relocate the
  1 18 child outside the state or to relocate the child more than one
  1 19 hundred miles within the state shall provide notice by
  1 20 restricted certified mail, as defined in section 618.15, to
  1 21 the other parent if the other parent resides in the state, at
  1 22 least sixty days prior to relocating.  This paragraph does not
  1 23 apply if provision for relocation of a child was included in a
  1 24 court order or agreed to in writing by the parties within one
  1 25 year of the proposed relocation.
  1 26    b.  Within thirty days after notice is received, the
  1 27 nonrelocating parent may petition the court to prevent
  1 28 relocation of the child.  After expiration of the thirty day
  1 29 period, any petition to prevent relocation of the child may be
  1 30 granted on a showing of good cause.
  1 31    c.  The parent who is seeking to relocate the child may
  1 32 petition the court to determine the appropriateness of a
  1 33 relocation that may adversely affect the other parent's
  1 34 custody or visitation rights.
  1 35    d.  Pending the determination of the court regarding a
  2  1 petition relating to relocation of the child, all of the
  2  2 following apply:
  2  3    (1)  A parent with joint legal custody and primary physical
  2  4 care or a parent with sole custody who is required by
  2  5 circumstances of health, safety, or employment of that parent
  2  6 or that parent's spouse to relocate in less than sixty days
  2  7 after notice was sent to the other party may temporarily
  2  8 relocate with the child.
  2  9    (2)  A parent who is awarded joint legal custody and who is
  2 10 required by circumstances of health, safety, or employment of
  2 11 that parent or that parent's spouse to relocate in less than
  2 12 sixty days after notice was sent to the other party may
  2 13 temporarily relocate with the child only if both parents
  2 14 execute a written agreement to permit relocation of the child.
  2 15    e.  Upon receipt of a petition under this subsection, the
  2 16 court shall order the parties to participate in mediation to
  2 17 attempt to resolve differences between the parties and to
  2 18 establish a custody and visitation agreement.  If the parties
  2 19 fail to establish a custody and visitation agreement through
  2 20 participation in mediation, the court shall make a
  2 21 determination relating to the relocation of the child based on
  2 22 the best interest of the child.
  2 23    f.  If the court makes a determination regarding relocation
  2 24 of the child based on the best interest of the child, the
  2 25 burden of proving what is in the best interest of the child is
  2 26 on the parent seeking to relocate the child.  To the extent
  2 27 practicable, the court's determination shall provide that, at
  2 28 a minimum, as nearly as possible, the existing relationship
  2 29 between the minor child and the nonrelocating parent is
  2 30 preserved.
  2 31    g.  The court shall not deviate from any prior written
  2 32 agreement of the parties under which the parties specifically
  2 33 agreed to allow or prohibit relocation of the child, unless
  2 34 the court finds that the agreement is not in the best interest
  2 35 of the child.
  3  1    h.  In determining the best interest of the child, the
  3  2 court shall consider the following factors:
  3  3    (1)  The voluntarily expressed preference of the child
  3  4 regarding custody, taking into consideration the child's age
  3  5 and level of maturity.
  3  6    (2)  The interaction and the interrelationship of the child
  3  7 with each of the child's parents, the child's siblings, and
  3  8 any other person who may significantly affect the best
  3  9 interest of the child.
  3 10    (3)  The child's level of adjustment to home, school, and
  3 11 community.
  3 12    (4)  The mental and physical health of the parents and the
  3 13 child.
  3 14    (5)  Which parent is more likely to allow the child
  3 15 appropriate and meaningful continuing contact with the other
  3 16 parent.
  3 17    (6)  Whether one parent, both parents, or neither parent
  3 18 has provided primary care of the child.
  3 19    (7)  The nature and extent of coercion or duress used by a
  3 20 parent in obtaining an agreement regarding custody.
  3 21    (8)  Whether the safety of the child, other children, or
  3 22 the other parent will be jeopardized by a particular custody
  3 23 arrangement or by unsupervised or unrestricted visitation.
  3 24    (9)  Whether a history of domestic abuse, as defined in
  3 25 section 236.2 and as specified in section 598.41, subsection
  3 26 3, paragraph "j", exists.
  3 27    (10)  Whether the relocation is being made or opposed in
  3 28 good faith and not solely to interfere with or to frustrate
  3 29 the relationship between the child and the other parent or to
  3 30 interfere with the other parent's visitation rights.
  3 31    (11)  The prospective advantage of the move in improving
  3 32 the general quality of life of the custodial parent or the
  3 33 child.
  3 34    (12)  The likelihood that the parent with whom the child
  3 35 will reside after the relocation will comply with a visitation
  4  1 order.
  4  2    (13)  Whether the relocation will allow a realistic
  4  3 opportunity for visitation with each parent.
  4  4    (14)  The extent to which moving or not moving will affect
  4  5 the emotional, physical, or developmental needs of the child.
  4  6    (15)  The motives of the parents and the validity of the
  4  7 reasons provided for moving or opposing the move including the
  4  8 extent to which either parent may intend to gain a financial
  4  9 advantage regarding continuing a child support obligation.
  4 10    (16)  The potential effect of relocation on the child's
  4 11 stability.
  4 12    i.  (1)  If the court determines that the relocation is in
  4 13 the best interest of the child, the court shall consider the
  4 14 relocation a substantial change in circumstances and shall
  4 15 modify the custody order to, at a minimum, preserve, as nearly
  4 16 as possible, the existing relationship between the minor child
  4 17 and the nonrelocating parent.
  4 18    (2)  If the court determines that relocation is not in the
  4 19 best interest of the child, the court shall consider the
  4 20 relocation of the custodial parent as a substantial change in
  4 21 circumstances and may award joint legal custody and physical
  4 22 care or sole custody to the nonrelocating parent.  The court
  4 23 shall also modify the custody order to assure the child the
  4 24 opportunity for the maximum contact with both parents.
  4 25    (3)  If modified, the order shall include a provision for
  4 26 extended visitation during summer vacations and school breaks
  4 27 and scheduled telephone contact between the noncustodial
  4 28 parent and the minor child.  If possible, the total number of
  4 29 days or hours of visitation ordered shall not be less than the
  4 30 total number of days or hours of visitation under the previous
  4 31 order.  The modification may include a provision assigning the
  4 32 responsibility for transportation of the minor child for
  4 33 visitation purposes to either or both parents.  If the court
  4 34 makes a finding of past interference by a parent with the
  4 35 minor child's access to the other parent, the court may order
  5  1 the posting of a cash bond to assure future compliance with
  5  2 the visitation provisions of the decree.  The supreme court
  5  3 shall prescribe guidelines for the forfeiting of the bond and
  5  4 restoration of the bond following forfeiting of the bond.  
  5  5                           EXPLANATION
  5  6    This bill relates to provisions that apply when a parent
  5  7 relocates outside the state or more than 100 miles within the
  5  8 state.
  5  9    The bill provides that the child support guidelines
  5 10 prescribed by the supreme court are to provide a credit to the
  5 11 guideline amount for extraordinary visitation which is based
  5 12 on the increased costs associated with the relocation of a
  5 13 parent outside the state or more than 100 miles within the
  5 14 state.  The credit is not to reduce the child support
  5 15 obligation below the minimum amount required by the guidelines
  5 16 ($50 for one child, $75 for two children, $100 for three
  5 17 children, or $125 for four or more children).
  5 18    The bill provides for a procedure to be followed if a
  5 19 parent, awarded joint legal custody and physical care or sole
  5 20 custody, is planning to relocate the child outside the state
  5 21 or to relocate the child more than 100 miles within the state.
  5 22 The bill requires notice of the relocation to be provided to
  5 23 the other parent at least 60 days prior to relocating.  The
  5 24 bill provides that the nonrelocating party may petition the
  5 25 court, within 30 days of receipt of the notice, to prevent
  5 26 relocation of the child and that the relocating parent may
  5 27 also petition the court to determine the appropriateness of
  5 28 the relocation.  Upon receipt of the petition, the court is to
  5 29 order the parties to participate in mediation to establish a
  5 30 custody and visitation agreement.  If the parties are unable
  5 31 to establish an agreement through mediation, the court is to
  5 32 determine if the relocation is in the best interest of the
  5 33 child.  The bill provides factors for the court to consider in
  5 34 determining if the relocation is in the best interest of the
  5 35 child.  If the court determines that the relocation is in the
  6  1 best interest of the child, the court is to consider the
  6  2 relocation a substantial change in circumstances and is to
  6  3 modify the custody order to preserve, as nearly as possible,
  6  4 the existing relationship between the minor child and the
  6  5 nonrelocating parent.  If the court determines that relocation
  6  6 is not in the best interest of the child, the court is to
  6  7 consider the relocation of the custodial parent as a
  6  8 substantial change in circumstances and may award joint legal
  6  9 custody and physical care or sole custody to the nonrelocating
  6 10 parent.  The court is then also to modify the custody order to
  6 11 assure the child the opportunity for the maximum contact with
  6 12 both parents.
  6 13    The bill provides that modification may include extended
  6 14 visitation during summer vacations and school breaks and
  6 15 scheduled telephone contact.  If possible, the modified order
  6 16 is to provide that the total number of days or hours of
  6 17 visitation are not less than the total number under the
  6 18 previous order.  The modification may also include provision
  6 19 for assigning responsibility for transportation of the child
  6 20 for visitation to either or both parents.  The court may also
  6 21 order the posting of a bond to assure compliance with the
  6 22 visitation provisions of the order, if there is a finding of
  6 23 past interference by a parent with the minor child's access to
  6 24 the other parent.  
  6 25 LSB 2318HC 79
  6 26 pf/gg/8.1
     

Text: HSB00162                          Text: HSB00164
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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