H.F. 2011 Section 1. NEW SECTION . 598.41E Assignment of visitation or 1 physical care parenting time —— relocation of parent. 2 1. Notwithstanding any provision to the contrary, a 3 parent who has been granted court-ordered visitation with the 4 parent’s minor child may file an application for modification 5 of a decree or a petition for modification of an order 6 regarding child visitation, prior to or during the time the 7 parent is relocated to a location which is two hundred fifty 8 miles or more from the residence of the custodial parent of 9 the minor child, to temporarily assign a portion of that 10 parent’s visitation to a grandparent of the minor child, as 11 specified by the parent. The application or petition shall be 12 accompanied by an affidavit from the grandparent indicating 13 the grandparent’s knowledge of the application or petition and 14 willingness to exercise the parent’s visitation during the 15 period of the assignment. The application or petition shall 16 also request any change in the visitation schedule necessitated 17 by the assignment. 18 2. Notwithstanding any provision to the contrary, a 19 parent who has been granted court-ordered physical care or 20 joint physical care of the parent’s minor child may file an 21 application for modification of a decree or a petition for 22 modification of an order regarding child custody, prior to or 23 during the time the parent is relocated to a location which is 24 two hundred fifty miles or more from the residence of the other 25 parent of the minor child, to temporarily assign a portion of 26 the parent’s physical care parenting time to a grandparent of 27 the minor child, as specified by the parent. The application 28 or petition shall be accompanied by an affidavit from the 29 grandparent indicating the grandparent’s knowledge of the 30 application or petition and willingness to exercise the 31 parent’s physical care parenting time during the period of the 32 assignment. The application or petition shall also request 33 any change in the physical care parenting time schedule 34 necessitated by the assignment. 35 -1- LSB 5330YH (3) 84 pf/nh 1/ 5

H.F. 2011 3. a. The court may grant the parent’s request for 1 temporary assignment of visitation or physical care parenting 2 time and any change in the visitation or physical care 3 parenting time schedule requested if the court finds that such 4 assignment of visitation or physical care parenting time is in 5 the best interest of the child. 6 b. In determining the best interest of the child, the court 7 shall ensure all of the following: 8 (1) That the grandparent is not a sex offender as defined in 9 section 692A.101. 10 (2) That the grandparent does not have a history of domestic 11 abuse, as defined in section 236.2. In determining whether a 12 history of domestic abuse exists, the court’s consideration 13 shall include but is not limited to commencement of an action 14 pursuant to section 236.3, the issuance of a protective order 15 against the individual or the issuance of a court order or 16 consent agreement pursuant to section 236.5, the issuance of an 17 emergency order pursuant to section 236.6, the holding of an 18 individual in contempt pursuant to section 664A.7, the response 19 of a peace officer to the scene of alleged domestic abuse or 20 the arrest of an individual following response to a report of 21 alleged domestic abuse, or a conviction for domestic abuse 22 assault pursuant to section 708.2A. 23 (3) That the grandparent does not have a record of founded 24 child or dependent adult abuse. 25 (4) That the grandparent has an established relationship 26 with the child and assigning visitation or physical care 27 parenting time to the grandparent will provide the child the 28 opportunity to maintain an ongoing family relationship that is 29 important to the child. 30 (5) That the grandparent demonstrates an ability to 31 personally and financially support the child and will support 32 the child’s relationship with both of the child’s parents 33 during the assigned visitation or physical care parenting time. 34 4. An order granting assignment of visitation or physical 35 -2- LSB 5330YH (3) 84 pf/nh 2/ 5

H.F. 2011 care parenting time under this section does not create separate 1 rights to visitation or physical care parenting time for a 2 person other than the parent. An order granting assignment of 3 visitation or physical care parenting time under this section 4 does not grant any custodial or parental rights to any person 5 who is not the parent of the child. 6 5. An order granted under this section may temporarily 7 assign visitation or physical care parenting time that is less 8 than the visitation or physical care parenting time awarded to 9 the parent whose visitation or physical care parenting time is 10 assigned in order to retain a portion for that parent. 11 6. The parent whose visitation or physical care parenting 12 time is temporarily assigned shall provide a copy of the order 13 granting assignment of visitation or physical care parenting 14 time to the school and school district of the child to whom the 15 order applies. 16 7. An order granting temporary assignment of visitation or 17 physical care parenting time pursuant to this section shall 18 specify the duration of the assignment and shall terminate upon 19 completion of the specified duration period. 20 8. As used in this section, “parenting time” means actual 21 time spent with the child as specified in a decree or order, 22 but does not include any other element of legal custody, 23 physical care, or joint physical care. 24 EXPLANATION 25 This bill provides for the assignment of visitation or 26 physical care parenting time to a grandparent when a parent 27 relocates to a location which is 250 miles or more from 28 the residence of the custodial or other parent of the minor 29 child. The bill provides that a parent who has been granted 30 court-ordered visitation or physical care with the parent’s 31 minor child may file an application for modification of a 32 decree or a petition for modification of an order regarding 33 child visitation or parenting time, to temporarily assign a 34 portion of that parent’s visitation or parenting time to a 35 -3- LSB 5330YH (3) 84 pf/nh 3/ 5

H.F. 2011 grandparent of the minor child, as specified by the parent. 1 The application or petition must be accompanied by an affidavit 2 from the grandparent indicating the grandparent’s knowledge 3 of the application or petition and willingness to exercise 4 the parent’s visitation or parenting time during the period 5 of the assignment. The application or petition must also 6 request any change in the visitation or parenting time schedule 7 necessitated by the assignment. 8 The court may grant the parent’s request for temporary 9 assignment of visitation or physical care parenting time and 10 any change in the visitation or physical care parenting time 11 schedule requested if the court finds that such assignment 12 of visitation or physical care parenting time is in the 13 best interest of the child. The bill provides criteria for 14 determining if the assignment is in the best interest of the 15 child including that the grandparent is not a sex offender; 16 that the grandparent does not have a history of domestic 17 abuse; that the grandparent does not have a record of founded 18 child or dependent adult abuse; that the grandparent has an 19 established relationship; and that the grandparent demonstrates 20 an ability to personally and financially support the child and 21 will support the child’s relationship with both of the child’s 22 parents during the assignment. 23 The bill provides that the order granting assignment of 24 visitation or physical care parenting time does not create 25 separate rights to visitation or physical care parenting time 26 nor does it grant any custodial or parental rights to any 27 person who is not the parent of the child. The order may 28 temporarily assign visitation or physical care parenting time 29 that is less than the visitation or physical care parenting 30 time awarded to the parent whose visitation or physical care 31 parenting time is assigned. A copy of the order is to be 32 provided to the school and school district of the child to whom 33 the order applies. The order is to specify the duration of 34 the assignment and terminates upon completion of the specified 35 -4- LSB 5330YH (3) 84 pf/nh 4/ 5