S.F. 79 Section 1. Section 598.41D, Code 2011, is amended to read 1 as follows: 2 598.41D Assignment of visitation or joint physical care —— 3 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 parent 20 who has been granted court-ordered joint physical care of the 21 parent’s minor child may file an application for modification 22 of a decree or a petition for modification of an order 23 regarding child custody, prior to or during the time the parent 24 is serving active duty in the military service of the United 25 States, to temporarily assign the parent’s joint physical 26 care parenting time to a family member of the minor child, as 27 specified by the parent. The application or petition shall be 28 accompanied by an affidavit from the family member indicating 29 the family member’s knowledge of the application or petition 30 and willingness to exercise the parent’s joint physical care 31 parenting time during the parent’s absence. The application or 32 petition shall also request any change in the joint physical 33 care parenting time schedule necessitated by the assignment. 34 2. 3. a. If the active duty of a parent affects the 35 -1- LSB 1840SS (5) 84 pf/nh 1/ 5

S.F. 79 parent’s ability or anticipated ability to appear at a 1 regularly scheduled hearing, the court shall provide for an 2 expedited hearing in matters instituted under this section . 3 b. If the active duty or anticipated active duty of a parent 4 prevents the parent from appearing in person at a hearing, the 5 court shall provide, upon reasonable advance notice, for the 6 parent to present testimony and evidence by electronic means 7 in matters instituted under this section . For the purposes of 8 this paragraph, “electronic means” includes communication by 9 telephone, video teleconference, or the internet. 10 3. 4. a. The court may grant the parent’s request for 11 temporary assignment of visitation or joint physical care 12 parenting time and any change in the visitation or joint 13 physical care parenting time schedule requested if the court 14 finds that such assignment of visitation or joint physical care 15 parenting time is in the best interest of the child. 16 b. In determining the best interest of the child, the court 17 shall ensure all of the following: 18 (1) That the specified family member is not a sex offender 19 as defined in section 692A.101 . 20 (2) That the specified family member does not have a history 21 of domestic abuse, as defined in section 236.2 . In determining 22 whether a history of domestic abuse exists, the court’s 23 consideration shall include but is not limited to commencement 24 of an action pursuant to section 236.3 , the issuance of a 25 protective order against the individual or the issuance of a 26 court order or consent agreement pursuant to section 236.5 , 27 the issuance of an emergency order pursuant to section 236.6 , 28 the holding of an individual in contempt pursuant to section 29 664A.7 , the response of a peace officer to the scene of 30 alleged domestic abuse or the arrest of an individual following 31 response to a report of alleged domestic abuse, or a conviction 32 for domestic abuse assault pursuant to section 708.2A . 33 (3) That the specified family member does not have a record 34 of founded child or dependent adult abuse. 35 -2- LSB 1840SS (5) 84 pf/nh 2/ 5

S.F. 79 (4) (2) That the specified family member has an established 1 relationship with the child and assigning visitation or joint 2 physical care parenting time to the specified family member 3 will provide the child the opportunity to maintain an ongoing 4 family relationship that is important to the child. 5 (5) (3) That the specified family member is able to 6 personally and financially support the child and will support 7 the child’s relationship with both of the child’s parents 8 during the assigned visitation or joint physical care parenting 9 time . 10 c. In determining the best interest of the child, the court 11 shall consider: 12 (1) Whether the specified family member has a history of 13 domestic abuse, as defined in section 236.2. In determining 14 whether a history of domestic abuse exists, the court’s 15 consideration shall include but is not limited to commencement 16 of an action pursuant to section 236.3, the issuance of a 17 protective order against the individual or the issuance of a 18 court order or consent agreement pursuant to section 236.5, 19 the issuance of an emergency order pursuant to section 236.6, 20 the holding of an individual in contempt pursuant to section 21 664A.7, the response of a peace officer to the scene of 22 alleged domestic abuse or the arrest of an individual following 23 response to a report of alleged domestic abuse, or a conviction 24 for domestic abuse assault pursuant to section 708.2A. 25 (2) Whether the specified family member has a record of 26 founded child or dependent adult abuse. 27 4. 5. An order granting assignment of visitation rights 28 or joint physical care parenting time under this section does 29 not create separate rights to visitation or joint physical care 30 parenting time for a person other than the parent. 31 6. An order granted under this section may temporarily 32 assign visitation or joint physical care parenting time that 33 is equal to or less than the visitation or joint physical care 34 parenting time awarded to the parent whose visitation or joint 35 -3- LSB 1840SS (5) 84 pf/nh 3/ 5

S.F. 79 physical care parenting time is assigned. 1 5. 7. The parent whose visitation rights are or joint 2 physical care parenting time is temporarily assigned shall 3 provide a copy of the order granting assignment of visitation 4 or joint physical care parenting time to the school and school 5 district of the child to whom the order applies. 6 6. 8. An order granting temporary assignment of visitation 7 rights or joint physical care parenting time pursuant to this 8 section shall terminate upon notification of the court by the 9 parent or automatically upon the parent’s completion of active 10 duty, whichever occurs first. 11 7. 9. After a parent completes active duty, if an 12 application for modification of a decree or a petition for 13 modification of an order is filed, the parent’s absence due to 14 active duty or the assignment of visitation rights or joint 15 physical care parenting time does not constitute a substantial 16 change in circumstances, and the court shall not consider a 17 parent’s absence due to that active duty or the assignment 18 of visitation rights or joint physical care parenting time 19 in making a determination regarding the best interest of the 20 child relative to such an application or petition filed after a 21 parent completes active duty. 22 8. 10. As used in this section , “active duty” means active 23 military duty pursuant to orders issued under Tit. X of the 24 United States Code. However, this section shall not apply to 25 active guard and reserve duty or similar full-time military 26 duty performed by a parent when the child remains in actual 27 custody of the parent. 28 EXPLANATION 29 This bill relates to custody-related issues of children of 30 active duty military personnel. The bill provides that in 31 addition to assignment of court-ordered visitation, a parent 32 who will be or is serving active duty in the military service 33 of the United States may petition to have joint physical 34 care parenting time assigned to a family member of the minor 35 -4- LSB 1840SS (5) 84 pf/nh 4/ 5

S.F. 79 child as specified by the parent. As with the assignment of 1 visitation, the court must determine that the assignment of 2 joint physical care parenting time is in the best interest of 3 the child. The bill also amends the best interest of the child 4 determination by the court to provide that in determining the 5 best interest of the child in addition to factors the court is 6 to ensure, the bill includes that the specified family member 7 will support the child’s relationship with both of the child’s 8 parents during the assigned visitation or joint physical care 9 parenting time. However, the bill amends the current factors 10 that the court is to ensure and instead requires that the court 11 consider whether the specified family member has a history of 12 domestic abuse and whether the specified family member has a 13 record of founded child or dependent abuse. 14 The bill also provides that an order granted under the 15 bill may temporarily assign visitation or joint physical care 16 parenting time that is equal to or less than the visitation or 17 joint physical care parenting time awarded to the parent. 18 -5- LSB 1840SS (5) 84 pf/nh 5/ 5