House Study Bill 633 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON VETERANS AFFAIRS BILL BY CHAIRPERSON ZIRKELBACH) A BILL FOR An Act relating to assignment of visitation of a child to a 1 family member when a parent is serving active duty in the 2 military service of the United States. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6070HC (3) 83 pf/nh

H.F. _____ 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 20 parents prevent the parent from appearing in person at a 21 hearing, the court shall provide, upon reasonable advance 22 notice, for the parent to present testimony and evidence by 23 electronic means in matters instituted under this section. For 24 the purposes of this paragraph, “electronic means” includes 25 communication by telephone, video teleconference, or the 26 internet. 27 3. The court may grant the parent’s request for temporary 28 assignment of visitation if the court finds that such 29 visitation is in the best interest of the child. 30 4. An order granting assignment of visitation rights under 31 this section does not create separate rights to visitation for 32 a person other than the parent. 33 5. An order granting temporary assignment of visitation 34 rights pursuant to this section shall terminate upon 35 -1- LSB 6070HC (3) 83 pf/nh 1/ 3

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

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