Senate File 2072 - Introduced



                                  SENATE FILE       
                                  BY  WARNSTADT, BEALL, HANCOCK,
                                      HECKROTH, RAGAN, OLIVE,
                                      SCHOENJAHN, STEWART, HOGG,
                                      APPEL, COURTNEY, DOTZLER,
                                      MULDER, SEYMOUR, QUIRMBACH,
                                      and GASKILL


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to modification of a child custody order during
  2    the time a parent is serving active military duty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5079XS 82
  5 pf/rj/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  598.41C  MODIFICATION OF CHILD
  1  2 CUSTODY == ACTIVE MILITARY DUTY.
  1  3    If an application for modification of a decree or a
  1  4 petition for modification of an order regarding child custody
  1  5 is filed during the time a parent is serving active duty in
  1  6 the military service of this state or of the United States,
  1  7 the court may only enter an order temporarily modifying the
  1  8 existing child custody order if there is clear and convincing
  1  9 evidence that the modification is in the best interest of the
  1 10 child.  Upon the parent's completion of active duty, the court
  1 11 shall reinstate the custody order that was in effect
  1 12 immediately preceding the period of active duty.  If an
  1 13 application for modification of a decree or a petition for
  1 14 modification of an order is filed after a parent completes
  1 15 active duty, the parent's absence due to active duty does not
  1 16 constitute a substantive change in circumstances, and the
  1 17 court shall not consider a parent's absence due to that active
  1 18 duty in making a determination regarding the best interest of
  1 19 the child.
  1 20                           EXPLANATION
  1 21    This bill relates to modification of a child custody order
  1 22 under circumstances in which a parent is serving active duty
  1 23 in the military service of the state or of the United States.
  1 24 The bill provides that if an application for modification of a
  1 25 decree or a petition for modification of an order regarding
  1 26 child custody is filed during the time a parent is serving
  1 27 active duty in the military service of this state or of the
  1 28 United States, the court may only enter an order temporarily
  1 29 modifying the existing child custody order if there is clear
  1 30 and convincing evidence that the modification is in the best
  1 31 interest of the child.  Once the parent returns from active
  1 32 duty, the court is directed to reinstate the custody order
  1 33 that was in effect immediately preceding the period of active
  1 34 duty.  Additionally, if an application for modification of
  1 35 child custody is filed after a parent returns from active
  2  1 duty, the bill provides that the parent's absence due to the
  2  2 active duty does not constitute a substantive change in
  2  3 circumstances and the court shall not consider a parent's
  2  4 absence due to that active duty in the determination of the
  2  5 best interest of the child.
  2  6 LSB 5079XS 82
  2  7 pf/rj/5