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
© 2001 Cornell College and League of Women Voters of Iowa
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