House File 636 S-3177 Amend the amendment, S-3166, to House File 636, as amended, 1 passed, and reprinted by the House, as follows: 2 1. Page 2, after line 7 by inserting: 3 < ___. Page 2, after line 15 by inserting: 4 < DIVISION ___ 5 MINOR CHILD RELOCATION —— SCHOOL DISTRICT 6 Sec. ___. NEW SECTION . 598.21H Relocation of minor child’s 7 residence outside established school district —— modification of 8 order of child custody. 9 1. If the provisions of section 598.21D are not applicable, 10 and the intended relocation of a parent awarded joint legal 11 custody and physical care or sole legal custody results 12 specifically in relocating the residence of the minor child 13 to a location outside the minor child’s school district as 14 established at the time custody was awarded, the relocating 15 parent shall provide sixty days’ advance written notice of 16 the intended relocation to the court and to the nonrelocating 17 parent. The court shall consider the relocation a substantial 18 change in circumstances. 19 2. The court shall, upon motion of either party, schedule a 20 hearing to review the notice of relocation to determine if the 21 relocation is in the best interest of the child. The burden of 22 proving that relocation of the residence of the minor child is 23 in the best interest of the child is on the relocating parent. 24 The court’s primary consideration in determining if the 25 relocation is in the best interest of the child shall be the 26 effect of the relocation on the child’s opportunity for maximum 27 continuous physical and emotional contact with both parents 28 rather than any benefit to the relocating parent relating to 29 employment opportunities or personal relationships. 30 3. If the court determines the relocation is in the best 31 interest of the child, the court may modify the custody order 32 to, at a minimum, preserve, as nearly as possible, the existing 33 relationship between the minor child and the nonrelocating 34 parent. The order may include a provision assigning the 35 -1- S 3166.1909 (1) 90 pf/rh 1/ 3 #1.

responsibility for transportation of the minor child for 1 visitation purposes to the relocating parent. 2 4. If the court determines the relocation is not in the 3 best interest of the child and the nonrelocating parent has 4 joint legal custody, but has not been awarded physical care, 5 the court may, upon request of the nonrelocating parent, do one 6 of the following: 7 a. Modify the custody order to award physical care to 8 the nonrelocating parent and to provide visitation to the 9 relocating parent to, at a minimum, preserve, as nearly as 10 possible, the existing relationship between the minor child and 11 the relocating parent. 12 b. Modify the custody order to maintain the award of joint 13 legal custody and physical care with the relocating parent and, 14 at a minimum, preserve, as nearly as possible, the existing 15 relationship between the minor child and the nonrelocating 16 parent. The order may include a provision assigning the 17 responsibility for transportation of the minor child for 18 visitation purposes to the relocating parent. 19 5. If the court determines the relocation is not in the best 20 interest of the child and the relocating parent has sole legal 21 custody, upon request of the nonrelocating parent, the court 22 may modify the custody order to provide increased visitation to 23 the nonrelocating parent in addition to that provided under the 24 existing custody order and may include a provision assigning 25 the responsibility for transportation of the minor child for 26 visitation purposes to the relocating parent. >> 27 2. Page 2, line 13, by striking < and decrees; and > and 28 inserting < and decrees; > 29 3. Page 2, after line 13 by inserting: 30 < ___. Title page, line 2, after < proceeding > by inserting 31 < ; and the relocation of a minor child’s residence outside the 32 minor child’s established school district >> 33 4. By renumbering, redesignating, and correcting internal 34 references as necessary. 35 -2- S 3166.1909 (1) 90 pf/rh 2/ 3 #2. #3.