House File 2089 - Introduced HOUSE FILE 2089 BY RIZER A BILL FOR An Act relating to temporary orders for custody involving the 1 relocation of the residence of a minor child. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5097YH (6) 86 pf/nh

H.F. 2089 Section 1. Section 598.10, subsection 1, paragraph b, Code 1 2016, is amended to read as follows: 2 b. In Unless the court determines that such visitation is 3 not in the best interest of the child, in order to encourage 4 compliance with a visitation order, a temporary order for 5 custody shall provide for a minimum visitation schedule with 6 the noncustodial parent , unless the court determines that such 7 visitation is not in the best interest of the child and, if 8 applicable, shall address the relocation of the residence of a 9 minor child to a location that is fifty miles or more from the 10 residence of the minor child at the time the application for a 11 temporary order is filed . 12 Sec. 2. Section 598.11, subsection 2, Code 2016, is amended 13 to read as follows: 14 2. Subject to 28 U.S.C. §1738B, after notice and hearing, 15 subsequent changes in temporary orders may be made by the court 16 on application of either party demonstrating a substantial 17 change in the circumstances occurring subsequent to the 18 issuance of such order. The relocation of a minor child to a 19 location which is fifty miles or more from the residence of 20 the minor child at the time the temporary order for custody 21 was awarded is deemed a substantial change in circumstances, 22 and, on application of either parent and after notice and 23 hearing, the court shall modify the temporary order for custody 24 to preserve as nearly as possible the existing relationship 25 between the minor child and the nonrelocating parent. If the 26 order is not so modified, it shall continue in force and effect 27 until the action is dismissed or a decree is entered dissolving 28 the marriage. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill amends provisions relating to temporary orders for 33 child custody when the relocation of the residence of a minor 34 child is involved. The bill provides that, unless the court 35 -1- LSB 5097YH (6) 86 pf/nh 1/ 2

H.F. 2089 determines that such visitation is not in the best interest of 1 the child, any initial temporary order for custody of a minor 2 child shall address the relocation of the residence of the 3 minor child to a location that is 50 miles or more from the 4 residence of the minor child at the time the application for a 5 temporary order is filed. 6 Subsequent to the issuance of a temporary order for custody, 7 and prior to the underlying action being dismissed or a decree 8 being entered to dissolve the marriage, the relocation of the 9 residence of a minor child to a location which is 50 miles or 10 more from the residence of the minor child at the time the 11 temporary order for custody was awarded is deemed a substantial 12 change in circumstances, and, on application of either parent 13 and after notice and hearing, the court shall modify the 14 temporary order for custody to preserve as nearly as possible 15 the existing relationship between the minor child and the 16 nonrelocating parent. 17 Current law (Code section 598.21D) provides that if a parent 18 awarded joint legal custody and physical care or sole legal 19 custody is relocating the residence of a minor child to a 20 location which is 150 miles or more from the residence of the 21 minor child at the time custody was awarded, the court may 22 consider the relocation a substantial change in circumstances. 23 If the court does determine such relocation to be a substantial 24 change in circumstances, the court shall modify the custody 25 order to, at a minimum, preserve, as nearly as possible, 26 the existing relationship between the minor child and the 27 nonrelocating parent. 28 -2- LSB 5097YH (6) 86 pf/nh 2/ 2