Senate File 198 - Introduced SENATE FILE 198 BY COMMITTEE ON VETERANS AFFAIRS (SUCCESSOR TO SF 79) A BILL FOR An Act relating to assignment of visitation or physical care 1 parenting time for children of military service members on 2 active duty and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1840SV (5) 84 pf/nh

S.F. 198 Section 1. Section 598.41D, Code 2011, is amended to read 1 as follows: 2 598.41D Assignment of visitation or physical care parenting 3 time —— parent serving active duty —— family member. 4 1. Notwithstanding any provision to the contrary, a parent 5 who has been granted court-ordered visitation with the parent’s 6 minor child may file an application for modification of a 7 decree or a petition for modification of an order regarding 8 child visitation, prior to or during the time the parent is 9 serving active duty in the military service of the United 10 States, to temporarily assign that parent’s visitation rights 11 to a family member of the minor child, as specified by the 12 parent. The application or petition shall be accompanied by an 13 affidavit from the family member indicating the family member’s 14 knowledge of the application or petition and willingness to 15 exercise the parent’s visitation rights during the parent’s 16 absence. The application or petition shall also request 17 any change in the visitation schedule necessitated by the 18 assignment. 19 2. Notwithstanding any provision to the contrary, a 20 parent who has been granted court-ordered physical care or 21 joint physical care of 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 custody, prior to 24 or during the time the parent is serving active duty in the 25 military service of the United States, to temporarily assign 26 the parent’s physical care parenting time to a family member of 27 the minor child, as specified by the parent. The application 28 or petition shall be accompanied by an affidavit from the 29 family member indicating the family member’s knowledge of 30 the application or petition and willingness to exercise the 31 parent’s physical care parenting time during the parent’s 32 absence. 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 1840SV (5) 84 pf/nh 1/ 6

S.F. 198 2. 3. a. If the active duty of a parent affects the 1 parent’s ability or anticipated ability to appear at a 2 regularly scheduled hearing, the court shall provide for an 3 expedited hearing in matters instituted under this section . 4 b. If the active duty or anticipated active duty of a parent 5 prevents the parent from appearing in person at a hearing, the 6 court shall provide, upon reasonable advance notice, for the 7 parent to present testimony and evidence by electronic means 8 in matters instituted under this section . For the purposes of 9 this paragraph, “electronic means” includes communication by 10 telephone, video teleconference, or the internet. 11 3. 4. a. The court may grant the parent’s request for 12 temporary assignment of visitation or physical care parenting 13 time and any change in the visitation or physical care 14 parenting time schedule requested if the court finds that such 15 assignment of visitation or physical care parenting time is in 16 the best interest of the child. 17 b. In determining the best interest of the child, the court 18 shall ensure all of the following: 19 (1) That the specified family member is not a sex offender 20 as defined in section 692A.101 . 21 (2) That the specified family member does not have a history 22 of domestic abuse, as defined in section 236.2 . In determining 23 whether a history of domestic abuse exists, the court’s 24 consideration shall include but is not limited to commencement 25 of an action pursuant to section 236.3 , the issuance of a 26 protective order against the individual or the issuance of a 27 court order or consent agreement pursuant to section 236.5 , 28 the issuance of an emergency order pursuant to section 236.6 , 29 the holding of an individual in contempt pursuant to section 30 664A.7 , the response of a peace officer to the scene of 31 alleged domestic abuse or the arrest of an individual following 32 response to a report of alleged domestic abuse, or a conviction 33 for domestic abuse assault pursuant to section 708.2A . 34 (3) That the specified family member does not have a record 35 -2- LSB 1840SV (5) 84 pf/nh 2/ 6

S.F. 198 of founded child or dependent adult abuse. 1 (4) (2) That the specified family member has an established 2 relationship with the child and assigning visitation or 3 physical care parenting time to the specified family member 4 will provide the child the opportunity to maintain an ongoing 5 family relationship that is important to the child. 6 (5) (3) That the specified family member is able 7 demonstrates an ability to personally and financially support 8 the child and will support the child’s relationship with both 9 of the child’s parents during the assigned visitation or 10 physical care parenting time . 11 c. In determining the best interest of the child, the court 12 shall consider: 13 (1) Whether the specified family member has a history of 14 domestic abuse, as defined in section 236.2. In determining 15 whether a history of domestic abuse exists, the court’s 16 consideration shall include but is not limited to commencement 17 of an action pursuant to section 236.3, the issuance of a 18 protective order against the individual or the issuance of a 19 court order or consent agreement pursuant to section 236.5, 20 the issuance of an emergency order pursuant to section 236.6, 21 the holding of an individual in contempt pursuant to section 22 664A.7, the response of a peace officer to the scene of 23 alleged domestic abuse or the arrest of an individual following 24 response to a report of alleged domestic abuse, or a conviction 25 for domestic abuse assault pursuant to section 708.2A. 26 (2) Whether the specified family member has a record of 27 founded child or dependent adult abuse. 28 4. 5. An order granting assignment of visitation rights 29 or physical care parenting time under this section does not 30 create separate rights to visitation or physical care parenting 31 time for a person other than the parent. An order granting 32 assignment of visitation or physical care parenting time under 33 this section does not grant any custodial or parental rights to 34 any person who is not the parent of the child. 35 -3- LSB 1840SV (5) 84 pf/nh 3/ 6

S.F. 198 6. An order granted under this section may temporarily 1 assign visitation or physical care parenting time that is equal 2 to or less than the visitation or physical care parenting 3 time awarded to the parent whose visitation or physical care 4 parenting time is assigned. 5 5. 7. The parent whose visitation rights are or physical 6 care parenting time is temporarily assigned shall provide a 7 copy of the order granting assignment of visitation or physical 8 care parenting time to the school and school district of the 9 child to whom the order applies. 10 6. 8. An order granting temporary assignment of visitation 11 rights or physical care parenting time pursuant to this section 12 shall terminate upon notification of the court by the parent 13 or automatically upon the parent’s completion of active duty, 14 whichever occurs first. 15 7. 9. After a parent completes active duty, if an 16 application for modification of a decree or a petition for 17 modification of an order is filed, the parent’s absence due 18 to active duty or the assignment of visitation rights or 19 physical care parenting time does not constitute a substantial 20 change in circumstances, and the court shall not consider a 21 parent’s absence due to that active duty or the assignment of 22 visitation rights or physical care parenting time in making a 23 determination regarding the best interest of the child relative 24 to such an application or petition filed after a parent 25 completes active duty. 26 8. 10. As used in this section , “active duty” means active 27 military duty pursuant to orders issued under Tit. X of the 28 United States Code. However, this section shall not apply to 29 active guard and reserve duty or similar full-time military 30 duty performed by a parent when the child remains in actual 31 custody of the parent. 32 11. As used in this section, “parenting time” means actual 33 time spent with the child as specified in a decree or order, 34 but does not include any other element of legal custody, 35 -4- LSB 1840SV (5) 84 pf/nh 4/ 6

S.F. 198 physical care, or joint physical care. 1 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 2 immediate importance, takes effect upon enactment. 3 EXPLANATION 4 This bill relates to custody-related issues of children 5 of active duty military personnel. The bill provides that 6 in addition to assignment of court-ordered visitation, a 7 parent who will be or is serving active duty in the military 8 service of the United States may petition to have physical 9 care parenting time assigned to a family member of the minor 10 child as specified by the parent. As with the assignment of 11 visitation, the court must determine that the assignment of 12 physical care parenting time is in the best interest of the 13 child. The bill also amends the best interest of the child 14 determination by the court to provide that in determining the 15 best interest of the child in addition to factors the court 16 is to ensure, that the specified family member demonstrates 17 an ability to personally and financially support the child 18 and will support the child’s relationship with both of the 19 child’s parents during the assigned visitation or physical care 20 parenting time. However, the bill amends the current factors 21 that the court is to ensure and instead requires that the court 22 consider whether the specified family member has a history of 23 domestic abuse and whether the specified family member has a 24 record of founded child or dependent abuse. 25 The bill also provides that an order granted under the bill 26 does not grant any custodial or parental rights to any person 27 who is not the parent of the child and that the order may 28 temporarily assign visitation or physical care parenting time 29 that is equal to or less than the visitation or physical care 30 parenting time awarded to the parent. 31 The bill defines “parenting time” to mean the actual time 32 spent with the child as specified in the decree or order, but 33 does not include any other element of legal custody, physical 34 care or joint physical care. 35 -5- LSB 1840SV (5) 84 pf/nh 5/ 6

S.F. 198 The bill takes effect upon enactment. 1 -6- LSB 1840SV (5) 84 pf/nh 6/ 6