HF 2089 (LSB 5097YH (6) 86)

HOUSE FILE 2089

BY  RIZER

A BILL FOR

An Act relating to temporary orders for custody involving the relocation of the residence of a minor child.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 598.10, subsection 1, paragraph b, Code 2016, is amended to read as follows:
   b.  In Unless the court determines that such visitation is not in the best interest of the child, in order to encourage compliance with a visitation order, a temporary order for custody shall provide for a minimum visitation schedule with the noncustodial parent, unless the court determines that such visitation is not in the best interest of the child and, if applicable, shall address the relocation of the residence of a minor child to a location that is fifty miles or more from the residence of the minor child at the time the application for a temporary order is filed.
    Sec. 2.  Section 598.11, subsection 2, Code 2016, is amended to read as follows:
   2.  Subject to 28 U.S.C. §1738B, after notice and hearing, subsequent changes in temporary orders may be made by the court on application of either party demonstrating a substantial change in the circumstances occurring subsequent to the issuance of such order.  The relocation of a minor child to a location which is fifty miles or more from the residence of the minor child at the time the temporary order for custody was awarded is deemed a substantial change in circumstances, and, on application of either parent and after notice and hearing, the court shall modify the temporary order for custody to preserve as nearly as possible the existing relationship between the minor child and the nonrelocating parent. If the order is not so modified, it shall continue in force and effect until the action is dismissed or a decree is entered dissolving the marriage.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill amends provisions relating to temporary orders for child custody when the relocation of the residence of a minor child is involved. The bill provides that, unless the court determines that such visitation is not in the best interest of the child, any initial temporary order for custody of a minor child shall address the relocation of the residence of the minor child to a location that is 50 miles or more from the residence of the minor child at the time the application for a temporary order is filed. 
   Subsequent to the issuance of a temporary order for custody, and prior to the underlying action being dismissed or a decree being entered to dissolve the marriage, the relocation of the residence of a minor child to a location which is 50 miles or more from the residence of the minor child at the time the temporary order for custody was awarded is deemed a substantial change in circumstances, and, on application of either parent and after notice and hearing, the court shall modify the temporary order for custody to preserve as nearly as possible the existing relationship between the minor child and the nonrelocating parent.
   Current law (Code section 598.21D) provides that if a parent awarded joint legal custody and physical care or sole legal custody is relocating the residence of a minor child to a location which is 150 miles or more from the residence of the minor child at the time custody was awarded, the court may consider the relocation a substantial change in circumstances. If the court does determine such relocation to be a substantial change in circumstances, the court shall modify the custody order to, at a minimum, preserve, as nearly as possible, the existing relationship between the minor child and the nonrelocating parent.