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