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