S.F. _____ Section 1. Section 598.41C, subsection 1, Code 2009, is 1 amended to read as follows: 2 1. a. If an application for modification of a decree or a 3 petition for modification of an order regarding child custody 4 or physical care is filed prior to or during the time a parent 5 is serving active duty in the military service of the United 6 States, the court may only enter an order or decree temporarily 7 modifying the existing child custody or physical care order 8 or decree if there is clear and convincing evidence that the 9 modification is in the best interest of the child. 10 b. If the active duty of a parent affects the parent’s 11 ability or anticipated ability to appear at a regularly 12 scheduled hearing, the court shall provide for an expedited 13 hearing in matters instituted under this section. 14 c. If the active duty or anticipated active duty of a parent 15 prevents the parent from appearing in person at a hearing, the 16 court shall provide, upon reasonable advance notice, for the 17 parent to present testimony and evidence by electronic means 18 in matters instituted under this section. For the purposes of 19 this paragraph, “electronic means” includes communication by 20 telephone, video teleconference, or the internet. 21 d. Upon the parent’s completion of active duty, the court 22 shall reinstate the custody or physical care order or decree 23 that was in effect immediately preceding the period of active 24 duty. If an application for modification of a decree or a 25 petition for modification of an order is filed after a parent 26 completes active duty, the parent’s absence due to active duty 27 does not constitute a substantial change in circumstances, 28 and the court shall not consider a parent’s absence due to 29 that active duty in making a determination regarding the best 30 interest of the child. 31 Sec. 2. NEW SECTION . 598.41D Assignment of visitation —— 32 parent serving active duty —— family member. 33 1. Notwithstanding any provision to the contrary, a parent 34 who has been granted court-ordered visitation with the parent’s 35 -1- LSB 6135XC (3) 83 pf/nh 1/ 4

S.F. _____ minor child may file an application for modification of a 1 decree or a petition for modification of an order regarding 2 child visitation, prior to or during the time the parent is 3 serving active duty in the military service of the United 4 States, to temporarily assign that parent’s visitation rights 5 to a family member of the minor child, as specified by the 6 parent. The application or petition shall be accompanied by an 7 affidavit from the family member indicating the family member’s 8 knowledge of the application or petition and willingness to 9 exercise the parent’s visitation rights during the parent’s 10 absence. 11 2. a. If the active duty of a parent affects the parent’s 12 ability or anticipated ability to appear at a regularly 13 scheduled hearing, the court shall provide for an expedited 14 hearing in matters instituted under this section. 15 b. If the active duty or anticipated active duty of a parent 16 prevents the parent from appearing in person at a hearing, the 17 court shall provide, upon reasonable advance notice, for the 18 parent to present testimony and evidence by electronic means 19 in matters instituted under this section. For the purposes of 20 this paragraph, “electronic means” includes communication by 21 telephone, video teleconference or the internet. 22 3. The court may grant the parent’s request for temporary 23 assignment of visitation if the court finds that such 24 visitation is in the best interest of the child. 25 4. An order granting assignment of visitation rights under 26 this section does not create separate rights to visitation for 27 a person other than the parent. 28 5. An order granting temporary assignment of visitation 29 rights pursuant to this section shall terminate upon 30 notification of the court by the parent or automatically upon 31 the parent’s completion of active duty, whichever occurs first. 32 6. After a parent completes active duty, if an application 33 for modification of a decree or a petition for modification 34 of an order is filed, the parent’s absence due to active duty 35 -2- LSB 6135XC (3) 83 pf/nh 2/ 4

S.F. _____ or the assignment of visitation rights does not constitute a 1 substantial change in circumstances, and the court shall not 2 consider a parent’s absence due to that active duty or the 3 assignment of visitation rights in making a determination 4 regarding the best interest of the child relative to such an 5 application or petition filed after a parent completes active 6 duty. 7 7. As used in this section, “active duty” means active 8 military duty pursuant to orders issued under Tit. X of the 9 United States Code. However, this section shall not apply to 10 active guard and reserve duty or similar full-time military 11 duty performed by a parent when the child remains in actual 12 custody of the parent. 13 EXPLANATION 14 This bill relates to child custody, physical care, and 15 visitation of a minor child and a parent who is serving active 16 duty. 17 The bill amends a current Code provision relating to custody 18 and physical care of the child by providing for expedited 19 hearings and the presentation of testimony and evidence by 20 electronic means by a parent who is affected by active duty. 21 The bill also 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 -3- LSB 6135XC (3) 83 pf/nh 3/ 4

S.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 -4- LSB 6135XC (3) 83 pf/nh 4/ 4