Senate File 2214 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 2214
  1  2
  1  3                             AN ACT
  1  4 RELATING TO MODIFICATION OF A CHILD CUSTODY ORDER DURING THE
  1  5    TIME A PARENT IS SERVING ACTIVE DUTY.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  NEW SECTION.  598.41C  MODIFICATION OF CHILD
  1 10 CUSTODY OR PHYSICAL CARE == ACTIVE DUTY.
  1 11    1.  If an application for modification of a decree or a
  1 12 petition for modification of an order regarding child custody
  1 13 or physical care is filed prior to or during the time a parent
  1 14 is serving active duty in the military service of the United
  1 15 States, the court may only enter an order or decree
  1 16 temporarily modifying the existing child custody or physical
  1 17 care order or decree if there is clear and convincing evidence
  1 18 that the modification is in the best interest of the child.
  1 19 Upon the parent's completion of active duty, the court shall
  1 20 reinstate the custody or physical care order or decree that
  1 21 was in effect immediately preceding the period of active duty.
  1 22 If an application for modification of a decree or a petition
  1 23 for modification of an order is filed after a parent completes
  1 24 active duty, the parent's absence due to active duty does not
  1 25 constitute a substantial change in circumstances, and the
  1 26 court shall not consider a parent's absence due to that active
  1 27 duty in making a determination regarding the best interest of
  1 28 the child.
  1 29    2.  As used in this section, "active duty" means active
  1 30 military duty pursuant to orders issued under Title 10 of the
  1 31 United States Code.  However, this section shall not apply to
  1 32 active guard and reserve duty or similar full=time military
  1 33 duty performed by a parent when the child remains in actual
  1 34 custody of the parent.
  1 35
  2  1
  2  2                                                             
  2  3                               JOHN P. KIBBIE
  2  4                               President of the Senate
  2  5
  2  6
  2  7                                                             
  2  8                               PATRICK J. MURPHY
  2  9                               Speaker of the House
  2 10
  2 11    I hereby certify that this bill originated in the Senate and
  2 12 is known as Senate File 2214, Eighty=second General Assembly.
  2 13
  2 14
  2 15                                                             
  2 16                               MICHAEL E. MARSHALL
  2 17                               Secretary of the Senate
  2 18 Approved                , 2008
  2 19
  2 20
  2 21                                
  2 22 CHESTER J. CULVER
  2 23 Governor