House File 195 S-3132 Amend House File 195, as amended, passed, and 1 reprinted by the House, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. Section 598.41D, Code 2011, is amended 5 to read as follows: 6 598.41D Assignment of visitation or physical care 7 parenting time —— parent serving active duty —— family 8 member. 9 1. Notwithstanding any provision to the contrary, a 10 parent who has been granted court-ordered visitation 11 with the parent’s minor child may file an application 12 for modification of a decree or a petition for 13 modification of an order regarding child visitation, 14 prior to or during the time the parent is serving 15 active duty in the military service of the United 16 States, to temporarily assign that parent’s visitation 17 rights to a family member of the minor child, as 18 specified by the parent. The application or petition 19 shall be accompanied by an affidavit from the family 20 member indicating the family member’s knowledge of the 21 application or petition and willingness to exercise the 22 parent’s visitation rights during the parent’s absence. 23 The application or petition shall also request any 24 change in the visitation schedule necessitated by the 25 assignment. 26 2. Notwithstanding any provision to the contrary, 27 a parent who has been granted court-ordered physical 28 care or joint physical care of the parent’s minor child 29 may file an application for modification of a decree 30 or a petition for modification of an order regarding 31 child custody, prior to or during the time the parent 32 is serving active duty in the military service of the 33 United States, to temporarily assign the parent’s 34 physical care parenting time to a family member of 35 the minor child, as specified by the parent. The 36 application or petition shall be accompanied by an 37 affidavit from the family member indicating the family 38 member’s knowledge of the application or petition 39 and willingness to exercise the parent’s physical 40 care parenting time during the parent’s absence. 41 The application or petition shall also request any 42 change in the physical care parenting time schedule 43 necessitated by the assignment. 44 2. 3. a. If the active duty of a parent affects 45 the parent’s ability or anticipated ability to appear 46 at a regularly scheduled hearing, the court shall 47 provide for an expedited hearing in matters instituted 48 under this section . 49 b. If the active duty or anticipated active duty of 50 -1- HF195.1219 (5) 84 pf/nh 1/ 4 #1.

a parent prevents the parent from appearing in person 1 at a hearing, the court shall provide, upon reasonable 2 advance notice, for the parent to present testimony 3 and evidence by electronic means in matters instituted 4 under this section . For the purposes of this 5 paragraph, “electronic means” includes communication by 6 telephone, video teleconference, or the internet. 7 3. 4. a. The court may grant the parent’s request 8 for temporary assignment of visitation or physical 9 care parenting time and any change in the visitation 10 or physical care parenting time schedule requested if 11 the court finds that such assignment of visitation or 12 physical care parenting time is in the best interest 13 of the child. 14 b. In determining the best interest of the child, 15 the court shall ensure all of the following: 16 (1) That the specified family member is not a sex 17 offender as defined in section 692A.101 . 18 (2) That the specified family member does not have 19 a history of domestic abuse, as defined in section 20 236.2 . In determining whether a history of domestic 21 abuse exists, the court’s consideration shall include 22 but is not limited to commencement of an action 23 pursuant to section 236.3 , the issuance of a protective 24 order against the individual or the issuance of a 25 court order or consent agreement pursuant to section 26 236.5 , the issuance of an emergency order pursuant to 27 section 236.6 , the holding of an individual in contempt 28 pursuant to section 664A.7 , the response of a peace 29 officer to the scene of alleged domestic abuse or the 30 arrest of an individual following response to a report 31 of alleged domestic abuse, or a conviction for domestic 32 abuse assault pursuant to section 708.2A . 33 (3) That the specified family member does not have 34 a record of founded child or dependent adult abuse. 35 (4) (2) That the specified family member has an 36 established relationship with the child and assigning 37 visitation or physical care parenting time to the 38 specified family member will provide the child the 39 opportunity to maintain an ongoing family relationship 40 that is important to the child. 41 (5) (3) That the specified family member is able 42 demonstrates an ability to personally and financially 43 support the child and will support the child’s 44 relationship with both of the child’s parents during 45 the assigned visitation or physical care parenting 46 time . 47 c. In determining the best interest of the child, 48 the court shall consider: 49 (1) Whether the specified family member has a 50 -2- HF195.1219 (5) 84 pf/nh 2/ 4

history of domestic abuse, as defined in section 236.2. 1 In determining whether a history of domestic abuse 2 exists, the court’s consideration shall include but 3 is not limited to commencement of an action pursuant 4 to section 236.3, the issuance of a protective order 5 against the individual or the issuance of a court order 6 or consent agreement pursuant to section 236.5, the 7 issuance of an emergency order pursuant to section 8 236.6, the holding of an individual in contempt 9 pursuant to section 664A.7, the response of a peace 10 officer to the scene of alleged domestic abuse or the 11 arrest of an individual following response to a report 12 of alleged domestic abuse, or a conviction for domestic 13 abuse assault pursuant to section 708.2A. 14 (2) Whether the specified family member has a 15 record of founded child or dependent adult abuse. 16 4. 5. An order granting assignment of visitation 17 rights or physical care parenting time under this 18 section does not create separate rights to visitation 19 or physical care parenting time for a person other than 20 the parent. An order granting assignment of visitation 21 or physical care parenting time under this section 22 does not grant any custodial or parental rights to any 23 person who is not the parent of the child. 24 6. An order granted under this section may 25 temporarily assign visitation or physical care 26 parenting time that is equal to or less than the 27 visitation or physical care parenting time awarded to 28 the parent whose visitation or physical care parenting 29 time is assigned. 30 5. 7. The parent whose visitation rights are or 31 physical care parenting time is temporarily assigned 32 shall provide a copy of the order granting assignment 33 of visitation or physical care parenting time to the 34 school and school district of the child to whom the 35 order applies. 36 6. 8. An order granting temporary assignment 37 of visitation rights or physical care parenting 38 time pursuant to this section shall terminate 39 upon notification of the court by the parent or 40 automatically upon the parent’s completion of active 41 duty, whichever occurs first. 42 7. 9. After a parent completes active duty, if an 43 application for modification of a decree or a petition 44 for modification of an order is filed, the parent’s 45 absence due to active duty or the assignment of 46 visitation rights or physical care parenting time does 47 not constitute a substantial change in circumstances, 48 and the court shall not consider a parent’s absence due 49 to that active duty or the assignment of visitation 50 -3- HF195.1219 (5) 84 pf/nh 3/ 4

rights or physical care parenting time in making a 1 determination regarding the best interest of the child 2 relative to such an application or petition filed after 3 a parent completes active duty. 4 8. 10. As used in this section , “active duty” 5 means active military duty pursuant to orders issued 6 under Tit. X of the United States Code. However, this 7 section shall not apply to active guard and reserve 8 duty or similar full-time military duty performed by 9 a parent when the child remains in actual custody of 10 the parent. 11 11. As used in this section, “parenting time” means 12 actual time spent with the child as specified in a 13 decree or order, but does not include any other element 14 of legal custody, physical care, or joint physical 15 care. 16 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being 17 deemed of immediate importance, takes effect upon 18 enactment. > 19 ______________________________ COMMITTEE ON VETERANS AFFAIRS DARYL BEALL, CHAIRPERSON -4- HF195.1219 (5) 84 pf/nh 4/ 4