Senate File 2111 - Introduced SENATE FILE 2111 BY BOETTGER (COMPANION TO LSB 6107HH BY CHAMBERS) A BILL FOR An Act relating to assignment of visitation to the grandparent 1 of a child 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 6107XS (3) 83 pf/nh

S.F. 2111 Section 1. NEW SECTION . 598.41D Assignment of visitation —— 1 parent serving active duty —— grandparent. 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 grandparent of the minor child, as specified by the 10 parent. The application or petition shall be accompanied by 11 an affidavit from the grandparent indicating the grandparent’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. An order granting assignment of visitation rights under 30 this section does not create separate rights to visitation for 31 a person other than the parent. 32 5. An order granting temporary assignment of visitation 33 rights pursuant to this section shall terminate upon 34 notification of the court by the parent or automatically upon 35 -1- LSB 6107XS (3) 83 pf/nh 1/ 3

S.F. 2111 the parent’s completion of active duty, whichever occurs first. 1 6. After a parent completes active duty, if an application 2 for modification of a decree or a petition for modification 3 of an order is filed, the parent’s absence due to active duty 4 or the assignment of visitation rights does not constitute a 5 substantial change in circumstances, and the court shall not 6 consider a parent’s absence due to that active duty or the 7 assignment of visitation rights in making a determination 8 regarding the best interest of the child relative to such an 9 application or petition filed after a parent completes active 10 duty. 11 7. As used in this section, “active duty” means active 12 military duty pursuant to orders issued under Title X of the 13 United States Code. However, this section shall not apply to 14 active guard and reserve duty or similar full-time military 15 duty performed by a parent when the child remains in actual 16 custody of the parent. 17 EXPLANATION 18 This bill relates to the assignment of visitation of a 19 parent serving active duty to a grandparent of the child. The 20 bill provides that a parent who has been granted court-ordered 21 visitation with the parent’s minor child may file an 22 application for modification of a decree or a petition for 23 modification of an order regarding child visitation, prior 24 to or during the time the parent is serving active duty, 25 to temporarily assign that parent’s visitation rights to a 26 grandparent of the minor child, as specified by the parent. 27 The application or petition must be accompanied by an affidavit 28 from the grandparent indicating the grandparent’s knowledge of 29 the application or petition and willingness to exercise the 30 parent’s visitation rights during the parent’s absence. 31 The bill also provides for an expedited hearing on the 32 application or petition if the active duty or anticipated 33 active duty of the parent affects the parent’s ability to 34 appear at a regularly scheduled hearing and for presentation 35 -2- LSB 6107XS (3) 83 pf/nh 2/ 3

S.F. 2111 of testimony and evidence by electronic means if the parent 1 is prevented from appearing in person due to the active duty 2 or anticipated active duty, upon reasonable advance notice. 3 “Electronic means” includes communication by telephone, video 4 teleconference, or the internet. 5 The court may grant the parent’s request for temporary 6 assignment of visitation if the court finds that such 7 visitation is in the best interest of the child. However, the 8 assignment of visitation rights does not create separate rights 9 to visitation for a person other than the parent. The order 10 granting temporary assignment of visitation terminates upon 11 notification of the court by the parent or automatically upon 12 the parent’s completion of active duty, whichever occurs first. 13 The bill provides that after a parent completes active duty, 14 if an application for modification of a decree or a petition 15 for modification of an order is filed, the parent’s absence 16 due to active duty or the assignment of visitation does not 17 constitute a substantial change in circumstances, and the 18 court shall not consider a parent’s absence due to that active 19 duty or the assignment of visitation in making a determination 20 regarding the best interest of the child relative to such an 21 application or petition filed after a parent completes active 22 duty. 23 “Active duty” is defined as active military duty pursuant 24 to orders issued under Title X of the United States Code. 25 However, the bill does not apply to active guard and reserve 26 duty or similar full-time military duty performed by a parent 27 when the child remains in actual custody of the parent. 28 -3- LSB 6107XS (3) 83 pf/nh 3/ 3