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