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