House File 2417 - Introduced HOUSE FILE 2417 BY COMMITTEE ON VETERANS AFFAIRS (SUCCESSOR TO HSB 633) A BILL FOR An Act relating to assignment of visitation of a child to 1 a family member when a parent is serving active duty in 2 the military service of the United States and including 3 effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 6070HV (7) 83 pf/nh

H.F. 2417 Section 1. NEW SECTION . 598.41D Assignment of visitation 1 —— parent serving active duty —— family member. 2 1. Notwithstanding any provision to the contrary, a parent 3 who has been granted court-ordered visitation with the parent’s 4 minor child may file an application for modification of a 5 decree or a petition for modification of an order regarding 6 child visitation, prior to or during the time the parent is 7 serving active duty in the military service of the United 8 States, to temporarily assign that parent’s visitation rights 9 to a family member of the minor child, as specified by the 10 parent. The application or petition shall be accompanied by an 11 affidavit from the family member indicating the family member’s 12 knowledge of the application or petition and willingness to 13 exercise the parent’s visitation rights during the parent’s 14 absence. 15 2. a. If the active duty of a parent affects the parent’s 16 ability or anticipated ability to appear at a regularly 17 scheduled hearing, the court shall provide for an expedited 18 hearing in matters instituted under this section. 19 b. If the active duty or anticipated active duty of a parent 20 prevents the parent from appearing in person at a hearing, the 21 court shall provide, upon reasonable advance notice, for the 22 parent to present testimony and evidence by electronic means 23 in matters instituted under this section. For the purposes of 24 this paragraph, “electronic means” includes communication by 25 telephone, video teleconference, or the internet. 26 3. The court may grant the parent’s request for temporary 27 assignment of visitation if the court finds that such 28 visitation is in the best interest of the child. 29 4. The parent shall provide a copy of the order granting 30 assignment of visitation to the school and school district of 31 the child to whom the order applies. 32 5. An order granting assignment of visitation rights under 33 this section does not create separate rights to visitation for 34 a person other than the parent. 35 -1- LSB 6070HV (7) 83 pf/nh 1/ 4

H.F. 2417 6. An order granting temporary assignment of visitation 1 rights pursuant to this section shall terminate upon 2 notification of the court by the parent or automatically upon 3 the parent’s completion of active duty, whichever occurs first. 4 7. After a parent completes active duty, if an application 5 for modification of a decree or a petition for modification 6 of an order is filed, the parent’s absence due to active duty 7 or the assignment of visitation rights does not constitute a 8 substantial change in circumstances, and the court shall not 9 consider a parent’s absence due to that active duty or the 10 assignment of visitation rights in making a determination 11 regarding the best interest of the child relative to such an 12 application or petition filed after a parent completes active 13 duty. 14 8. As used in this section, “active duty” means active 15 military duty pursuant to orders issued under Tit. X of the 16 United States Code. However, this section shall not apply to 17 active guard and reserve duty or similar full-time military 18 duty performed by a parent when the child remains in actual 19 custody of the parent. 20 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 21 immediate importance, takes effect upon enactment. 22 EXPLANATION 23 This bill relates to the assignment of visitation of 24 a parent serving active duty to a family member of the 25 child. The bill provides that a parent who has been granted 26 court-ordered visitation with the parent’s minor child may 27 file an application for modification of a decree or a petition 28 for modification of an order regarding child visitation, prior 29 to or during the time the parent is serving active duty, to 30 temporarily assign that parent’s visitation rights to a family 31 member of the minor child, as specified by the parent. The 32 application or petition must be accompanied by an affidavit 33 from the family member indicating the family member’s knowledge 34 of the application or petition and willingness to exercise the 35 -2- LSB 6070HV (7) 83 pf/nh 2/ 4

H.F. 2417 parent’s visitation rights during the parent’s absence. 1 The bill also provides for an expedited hearing on the 2 application or petition if the active duty or anticipated 3 active duty of the parent affects the parent’s ability to 4 appear at a regularly scheduled hearing and for presentation 5 of testimony and evidence by electronic means if the parent 6 is prevented from appearing in person due to the active duty 7 or anticipated active duty, upon reasonable advance notice. 8 “Electronic means” includes communication by telephone, video 9 teleconference, or the internet. 10 The court may grant the parent’s request for temporary 11 assignment of visitation if the court finds that such 12 visitation is in the best interest of the child. However, the 13 assignment of visitation rights does not create separate rights 14 to visitation for a person other than the parent. The parent 15 must provide a copy of the order to the school and school 16 district of the child. The order granting temporary assignment 17 of visitation terminates upon notification of the court by the 18 parent or automatically upon the parent’s completion of active 19 duty, whichever occurs first. 20 The bill provides that after a parent completes active duty, 21 if an application for modification of a decree or a petition 22 for modification of an order is filed, the parent’s absence 23 due to active duty or the assignment of visitation does not 24 constitute a substantial change in circumstances, and the 25 court shall not consider a parent’s absence due to that active 26 duty or the assignment of visitation in making a determination 27 regarding the best interest of the child relative to such an 28 application or petition filed after a parent completes active 29 duty. 30 “Active duty” is defined as active military duty pursuant to 31 orders issued under Tit. X of the United States Code. However, 32 the bill does not apply to active guard and reserve duty or 33 similar full-time military duty performed by a parent when the 34 child remains in actual custody of the parent. 35 -3- LSB 6070HV (7) 83 pf/nh 3/ 4

H.F. 2417 The bill takes effect upon enactment. 1 -4- LSB 6070HV (7) 83 pf/nh 4/ 4