House File 195 H-1089 Amend House File 195 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 598.41D, Code 2011, is amended 4 to read as follows: 5 598.41D Assignment of visitation or physical care 6 parenting time —— parent serving active duty —— family 7 member. 8 1. Notwithstanding any provision to the contrary, a 9 parent who has been granted court-ordered visitation 10 with the parent’s minor child may file an application 11 for modification of a decree or a petition for 12 modification of an order regarding child visitation, 13 prior to or during the time the parent is serving 14 active duty in the military service of the United 15 States, to temporarily assign that parent’s visitation 16 rights to a family member of the minor child, as 17 specified by the parent. The application or petition 18 shall be accompanied by an affidavit from the family 19 member indicating the family member’s knowledge of the 20 application or petition and willingness to exercise the 21 parent’s visitation rights during the parent’s absence. 22 The application or petition shall also request any 23 change in the visitation schedule necessitated by the 24 assignment. 25 2. Notwithstanding any provision to the contrary, 26 a parent who has been granted court-ordered physical 27 care or joint physical care of the parent’s minor child 28 may file an application for modification of a decree 29 or a petition for modification of an order regarding 30 child custody, prior to or during the time the parent 31 is serving active duty in the military service of the 32 United States, to temporarily assign the parent’s 33 physical care parenting time to a family member of 34 the minor child, as specified by the parent. The 35 application or petition shall be accompanied by an 36 affidavit from the family member indicating the family 37 member’s knowledge of the application or petition 38 and willingness to exercise the parent’s physical 39 care parenting time during the parent’s absence. 40 The application or petition shall also request any 41 change in the physical care parenting time schedule 42 necessitated by the assignment. 43 2. 3. a. If the active duty of a parent affects 44 the parent’s ability or anticipated ability to appear 45 at a regularly scheduled hearing, the court shall 46 provide for an expedited hearing in matters instituted 47 under this section . 48 b. If the active duty or anticipated active duty of 49 a parent prevents the parent from appearing in person 50 -1- HF195.502 (3) 84 pf/nh 1/ 4 #1.

at a hearing, the court shall provide, upon reasonable 1 advance notice, for the parent to present testimony 2 and evidence by electronic means in matters instituted 3 under this section . For the purposes of this 4 paragraph, “electronic means” includes communication by 5 telephone, video teleconference, or the internet. 6 3. 4. a. The court may grant the parent’s request 7 for temporary assignment of visitation or physical 8 care parenting time and any change in the visitation 9 or physical care parenting time schedule requested if 10 the court finds that such assignment of visitation or 11 physical care parenting time is in the best interest 12 of the child. 13 b. In determining the best interest of the child, 14 the court shall ensure all of the following: 15 (1) That the specified family member is not a sex 16 offender as defined in section 692A.101 . 17 (2) That the specified family member does not have 18 a history of domestic abuse, as defined in section 19 236.2 . In determining whether a history of domestic 20 abuse exists, the court’s consideration shall include 21 but is not limited to commencement of an action 22 pursuant to section 236.3 , the issuance of a protective 23 order against the individual or the issuance of a 24 court order or consent agreement pursuant to section 25 236.5 , the issuance of an emergency order pursuant to 26 section 236.6 , the holding of an individual in contempt 27 pursuant to section 664A.7 , the response of a peace 28 officer to the scene of alleged domestic abuse or the 29 arrest of an individual following response to a report 30 of alleged domestic abuse, or a conviction for domestic 31 abuse assault pursuant to section 708.2A . 32 (3) That the specified family member does not have 33 a record of founded child or dependent adult abuse. 34 (4) That the specified family member has an 35 established relationship with the child and assigning 36 visitation or physical care parenting time to the 37 specified family member will provide the child the 38 opportunity to maintain an ongoing family relationship 39 that is important to the child. 40 (5) That the specified family member is able 41 demonstrates an ability to personally and financially 42 support the child and will support the child’s 43 relationship with both of the child’s parents during 44 the assigned visitation or physical care parenting 45 time . 46 4. 5. An order granting assignment of visitation 47 rights or physical care parenting time under this 48 section does not create separate rights to visitation 49 or physical care parenting time for a person other than 50 -2- HF195.502 (3) 84 pf/nh 2/ 4

the parent. An order granting assignment of visitation 1 or physical care parenting time under this section 2 does not grant any custodial or parental rights to any 3 person who is not the parent of the child. 4 6. An order granted under this section may 5 temporarily assign visitation or physical care 6 parenting time that is equal to or less than the 7 visitation or physical care parenting time awarded to 8 the parent whose visitation or physical care parenting 9 time is assigned. 10 5. 7. The parent whose visitation rights are or 11 physical care parenting time is temporarily assigned 12 shall provide a copy of the order granting assignment 13 of visitation or physical care parenting time to the 14 school and school district of the child to whom the 15 order applies. 16 6. 8. An order granting temporary assignment 17 of visitation rights or physical care parenting 18 time pursuant to this section shall terminate 19 upon notification of the court by the parent or 20 automatically upon the parent’s completion of active 21 duty, whichever occurs first. 22 7. 9. After a parent completes active duty, if an 23 application for modification of a decree or a petition 24 for modification of an order is filed, the parent’s 25 absence due to active duty or the assignment of 26 visitation rights or physical care parenting time does 27 not constitute a substantial change in circumstances, 28 and the court shall not consider a parent’s absence due 29 to that active duty or the assignment of visitation 30 rights or physical care parenting time in making a 31 determination regarding the best interest of the child 32 relative to such an application or petition filed after 33 a parent completes active duty. 34 8. 10. As used in this section , “active duty” 35 means active military duty pursuant to orders issued 36 under Tit. X of the United States Code. However, this 37 section shall not apply to active guard and reserve 38 duty or similar full-time military duty performed by 39 a parent when the child remains in actual custody of 40 the parent. 41 11. As used in this section, “parenting time” means 42 actual time spent with the child as specified in a 43 decree or order, but does not include any other element 44 of legal custody, physical care, or joint physical 45 care. 46 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being 47 deemed of immediate importance, takes effect upon 48 enactment. > 49 2. Title page, line 1, by striking < joint > . 50 -3- HF195.502 (3) 84 pf/nh 3/ 4