Senate File 2214 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 2072) 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 duty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5079SV 82 5 pf/rj/5 PAG LIN 1 1 Section 1. NEW SECTION. 598.41C MODIFICATION OF CHILD 1 2 CUSTODY == ACTIVE DUTY. 1 3 1. 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 the United States, the court may only 1 7 enter an order temporarily modifying the existing child 1 8 custody order if there is clear and convincing evidence that 1 9 the modification is in the best interest of the child. Upon 1 10 the parent's completion of active duty, the court shall 1 11 reinstate the custody order that was in effect immediately 1 12 preceding the period of active duty. If an application for 1 13 modification of a decree or a petition for modification of an 1 14 order is filed after a parent completes active duty, the 1 15 parent's absence due to active duty does not constitute a 1 16 substantial change in circumstances, and the court shall not 1 17 consider a parent's absence due to that active duty in making 1 18 a determination regarding the best interest of the child. 1 19 2. As used in this section, "active duty" means active 1 20 military duty pursuant to orders issued under Title 10 of the 1 21 United States Code. However, this section shall not apply to 1 22 active guard and reserve duty or similar full=time military 1 23 duty performed by a parent when the child remains in actual 1 24 custody of the parent. 1 25 EXPLANATION 1 26 This bill relates to modification of a child custody order 1 27 under circumstances in which a parent is serving active duty 1 28 in the military service of the United States. The bill 1 29 provides that if an application for modification of a decree 1 30 or a petition for modification of an order regarding child 1 31 custody is filed during the time a parent is serving active 1 32 duty in the military service of the United States, the court 1 33 may only enter an order temporarily modifying the existing 1 34 child custody order if there is clear and convincing evidence 1 35 that the modification is in the best interest of the child. 2 1 Once the parent returns from active duty, the court is 2 2 directed to reinstate the custody order that was in effect 2 3 immediately preceding the period of active duty. 2 4 Additionally, if an application for modification of child 2 5 custody is filed after a parent returns from active duty, the 2 6 bill provides that the parent's absence due to the active duty 2 7 does not constitute a substantial change in circumstances and 2 8 the court shall not consider a parent's absence due to that 2 9 active duty in the determination of the best interest of the 2 10 child. The bill also provides a definition of "active duty". 2 11 LSB 5079SV 82 2 12 pf/rj/5